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CHARTER 

Prepared  and  Proposed  for  The 

City  of 
Modesto 

By  the  Board  of  Free- 
holders Elected  on  the 
Eleventh  Day  of  April, 

A.  D.  1910.    :      :      :      : 

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.. 

■  ;•;:•  ■.  •  '/,;-;  •'■. 

in  2007  with  funding  from 
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ARTICLE  I— NAME  AND  RIGHTS  OF  THE  CITY. 

ARTICLE  11— BOUNDARIES. 

ARTICLE  III— POWERS    OF   THE    CITY. 

ARTICLE  IV— ELECTIONS. 

ARTICLE  V— ELECTIVE    OFFICERS. 

ARTICLE  VI— THE   MAYOR. 

ARTICLE  VII— THE   COUNCIL. 

ARTICLE  ^ITI— EXECUTIVE  AND  ADMINISTRATIVE   DEPARTMENTS. 

ARTICLE  IX— FINANCE    AND   TAXATION. 

ARTICLE  X— PUBLIC   WORK   AND   SUPPLIES. 

ARTICLE  XI— FRANCHISES. 

ARTICLE  XII— THE    RECALL. 

ARTICLE  XIII— THE    INITIATIVE.                        ^ 

ARTICLE  XIV— THE   REFERENDUM. 

ARTICLE  XV— POLICE    COURT. 

ARTICLE  XVI— EDUCATIONAL  DEPARTMENT. 

ARTICLE  XVII — AMENDMENTS. 

ARTICLE  XVIII— MISCELLANEOUS. 

ARTICLE    I. 

NAME   AND   RIGHTS   OF  THE   CITY. 
Name   of   the    City. 

Section  1.  The  municipal  corporation  now  existing  and  known  as  the 
City  of  Modesto  shall  remain  and  continue  a  body  politic  and  corporate  in 
name  and  in  fact,  by  the  name  of  the  City  of  Modesto. 

Rights   anil    Liabilities. 

Section  2.  The  City  of  Modesto  shall  remain  vested  with,  and  continue 
to  have,  hold,  and  enjoy,  all  property,  rights  of  property  and  rights  of  action 
of  every  nature  and  description  now  pertaining  to  this  municipality,  and 
is  hereby  declared  to  be  the  successor  of  the  same.  It  shall  be  subject  to 
all  the  liabilities  that  now  exist  against  this  municipality.  All  ordinances  of 
said  City,  not  in  conflict  with  this  Charter,  shall  be  continued  in  force  until 
amended  or  repealed;  and  all  proceedings  providing  for  any  public  improve- 
ment pending  and  uncompleted  shall  be  continued  in  accordance  with  the  law 
under  "vVhich  such   proceedings  were  commenced. 

ARTICLE     II. 
Boundarie.s. 

Section  3.  The  boundaries  of  the  City  of  Modesto  shall  be  the  same  as 
now  constituted  and  more  particularly  described  as  follows: 

Beginning  at  the  corner,  common  to  Sections  31,  32,  5  and  6,  Townships 
3  and  4  South,  Range  nine  (9)  East,  Mount  Diablo  Base  and  Meridian  in 
the  County  of  Stanislaus,  State  of  California;  thence  North  along  the  Section 
line  between  Sections  31  and  32,  29  and  30  to  the  quarter  quarter  corner 
between  the  Northeast  quarter  of  Section  30  and  the  Northwest  quarter  of 
Secti'on  29,  Township  three  (3)  South,  Range  nine  (9)  East,  Mount  Diablo 
Base  and  Meridian;  thence  East  along  the  quarter  quarter  line  through  the 
center  of  the  North  half  of  Sections  29  and  28  to  the  mid-quarter  quarter 
corner  of  the  Northeast  quarter  of  Section  28  in  Township  three  (3)  South, 
Range  nine  (9)  East,  Mount  Diablo  Base  and  Meridian;  thence  South  on  the 
quarter  quarter  line  to  the  center  of  the  channel  of  Dry  Creek;  thence 
meandering  down  stream  along  the  center  line  of  the  channel  of  Dry  Creek 
to  a  point  where  the  said  center  line  of  Dry  Creek  intersects  the  center  line 
of  the  channel  of  the  Tuolumne  river;  thence  meandering  down  stream  along 
the  said  center  line  of  the  Tuolumne  river  to  a  point  where  said  center  line 
intersects  the  Township  line  between  Townships  3  and  4  South,  Range  nine 
(9)  East,  Mount  Diablo  Base  and  Meridian;  thence  along  said  Township  line 
to  the  corner  common  to  Sections  31,  32,  5  and  6,  Townships  3  and  4  South, 
Range  nine  (9)  East,  Mount  Diablo  Base  and  Meridian,  being  the  point  of 
beginning,  all  lying  and  being  in  the  County  of  Stanislaus,  State  of  California. 

The  boundaries  above  described  may  be  altered  and  the  territory  embraced 
therein    may   be   added    to  .or   diminished    in    accordance   with    the    laws   of    the 


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summary   abatement  of  any  nuisance  at   the  expense   of  the   persons   creating, 
causing,  committing  or  maintaining  such  nuisance. 

Re^vards. 

(26)  To  offer  rewards  not  exceeding  two  hundred  and  fifty  dollars  in 
any  one  instance  for  the  apprehension  and  conviction  of  any  person  who  may 
have  committed  a  felony  in  the  Cit3^  and  to  authorize  the  payment  thereof. 

Elni^incM    and    Boilers. 

(27)  To  regulate  the  use  of  steam  engines,  gas  engin-es,  steam  boilers, 
electric  motors,  motor  cycles,  automobiles,  and  flying  devices,  and  to  prohibit 
their  use  in  such  localities  as  in  the  judgment  of  the  Council  would  endanger 
public   safety. 

Fire    IJmit.s. 

(28)  To  prescribe^  fire  limits  and  determine  the  character  and  height 
of  buildings  that  may 'be  erected  therein  ani  the  nature  of  the  materials  to 
be  used  in  the  construction,  alteration  or  repair  of  such  buildings  or  in  the 
repair  or  alteration  of  existing  tjuildings  within  such  fire  limits. 

Builditi)^  Rei^ulatioiiH. 

(29)  To  regulate  the  construction  and  the  location  of,  and  the  materials 
used  in  all  buildings,  chimneys,  stacks  and  other  structures;  to  prevent  the 
erection  and  maintenance  of  insecure  or  unsafe  buildings,  walls,  chimneys, 
stacks  or  other  structvires.  anvl  to  provide  for  their  summary  abatement  or 
destruction;  to  regulate  the  materials  used  in.  and  the  method  of  construction 
of  foundations  and  foundation  walls,  the  materials,  manner  of  construction 
and  location  of  drains  and  sewers,  the  matr-rials  used  in  wiring  buikling.s 
or  other  structures  for  the  use  of  electricity  for  lighting,  power,  heat  or  other 
purposes,  and  materials  used  for  piping  buildings  or  other  structures  for  the 
purpose  of  supplying  the  same  with  water  or  gas,  and  the  manner  of  so 
doing;  to  prohibit  the  construction  of  buildings  and  structures  which  do  not 
contorm  to  such  regulations. 

Fire   F«i'ape.«*. 

(30)  To  require  the  owners  and  lessees  of  buildings  or  other  structures 
to  place  upon  them  or  in  them  fire  escapes  and  appliances  for  protection  against 
fire  and  for  the  extinguishment  of  fires. 

Preeaiitions    Against    Fires. 

(31)  To  prevent  the  construction  and  to  cause  the  removal  of  dangerous 
chimneys,  fireplaces,  hearths,  stoves,  stove  pipes,  ovens,  boilers,  apparatus 
and  machinery  used  in  any  building  in  the  City;  to  regulate  or  prohibit 
the  carrying  on  of  manufactories  liable  to  cause  fire;  to  prevent  the  deposit- 
I'ng  of  ashes,  the  accumulation  of  shavings,  rubbish,  or  any  combustible  ma- 
terial  in  unsafe  places,  and  to  make  provisions  to  guard  against   fires. 

Provision.s  for  iSafety  in  Tlieatres.  Hails.  Eto. 

(32)  To  regulate  the  size  and  construction  of  the  entrances  to  and  exits 
irom  all  theatres,  lecture  rooms,  halls,  schools,  churches  and  other  places 
for  public  gathering  of  every  kind  and  to  prevent  the  placing  of  seats,  chairs, 
benches   or  other  obstructions   in   the  hallways,   aisles,   or   open   places  therein. 

Provisions    for    Safety    in    Streets. 

(33)  To  regulate  the  speed  of  railroad  trains,  engines,  and  cars  passing 
through  the  City  and  the  speed  of  cars  of  street  or  interurban  railwav  com- 
panies using  the  public  streets  of  the  City,  to  require  railroad  com- 
panies to  station  flagmen,  place  gates,  or  viaducts  at  all  such  street  crossings 
as  the  Council  may  deem  proper,  to  require  street  cars  and  local  trains  to  be 
provided  with  fenders  or  other  appliances  for  the  better  protection  of  the 
public;  to  prohibit  the  making  up  of  railroad  trains  on  any  of  the  streets, 
street  crossings  or  street  intersections  of  the  City;  to  regulate  the  speed  with 
which  persons  may  ride  or  drive  or  propel  bicycles,  motor  cycles,  automobiles, 
or  other  vehicles  along  or  upon  any  of  the  streets   or  highways   of  the  City. 

Improper    Use    of    Streets. 

(34)  To  regulate  or  prohibit  the  exhibition  or  carrying  o^  banners,  pla- 
cards, or  advertisements,  and  the  distribution  of  handbills  in  the  streets, 
public  grounds  or  upon  the  sidewalks;  to  regulate  and  prevent  the  flving  of 
banners,  flags  or  signs  across  the  streets  or  from  houses;  to  regulate  or  pro- 
hibit traffic  and  sales  in  the  streets  and  public  places:  to  prevent  encroach- 
ments |upon  or  obstructions   to  the  streets,   and   to   require  their  removal. 

Weeds  and  Rubbish  on  Sidewalks. 

(35)  To  compel  the  owner  or  occupant  of  buildings  or  grounds  to  remove 
dirt,  rubbish  and  weeds  therefrom  and  from  the  alley  and  sidewalk  thereof 
and  in  his  default  to  authorize  the  removal  or  destruction  thereof  by  some 
officer  of  the  City  at  the  expense  of  such  owner  or  occupant,  and  to  make  such 
expense  a.  lien  upon  such  buildings  or  grounds. 

Billboards    and    Signs. 

(36)  To  .-egulate,  license  or  prohibit  the  construction  and  use  of  bill- 
boards and   signs. 


Doss. 

(37)  To  regulate  and  prevent  the  running  at  large  of  dogs,  to  provide 
for  the  killing  of  vicious  dogs,  and  to  require  the  payment  of  license  fees  by 
thfe  owners  or  persons  having  possession  of  dogs,  and  to  Impose  pniraities 
upon   such  persons  for  refusing  to   pay  such   license  fees. 

Pnbtic  Pound. 

(38)  To  prevent  or  regulate  the  running  at  large  of  any  animals,  and 
to  establish  and  maintain  a  pound  and  authorize  the  destruction  or  other 
disposition   of  any  animals  running  at  large. 

Preservation   of   Health. 

(39)  To  make  all  regulations  which  may  be  necessary  and  expedient:  for 
the  preservation  of  health  and  the  suppression  of  disease;  to  make  regulations 
to  pre\ent  the  introduction  of  oonta;gious,  malignant,  infectious  or  other  dis- 
eases into  the  City;  to  make  quarantine  laws  and  regulations;  to  regulate, 
control  anl  prevent  the  entry  into  the  City  of  persons,  baggage,  merchandise 
or  other  property  infected   with   contagious  disease. 

IJan«er«us   and   Offensive   Oceupatlons;    Disagreeable    Noises. 

(40)  To  regulate  or  prohibit  the  operation  of  all  maniifactories,  occupa- 
<  ions  or  trades  wliich  jnay  be  of  such  a  natuie  as  to  affect  the  public  health 
or  good  order  of  the  City  or  disturb  tlie  public  peace,  or  which  may  be  offen- 
sive or  dangerous  to  the  inhabitants  residing  in  the  vicinity,  and  to  provide 
for  the  punishment  of  all  persons  violating  such  regulations  and  the  punish- 
ment of  all  persons  who  may  permit  the  same  to  be  violated  in  any  build- 
ing or  upon  any  premises  owned  or  controlled  by  them;  to  make  regulations 
for    the    suppression    of    disagreeable,    offensive   and    injurious    noises. 

Inspection    of    Food    Products. 

(41)  To  provide  for  and  regulate  the  inspection  by  the  Health  Officer 
of  meats,  poultry,  fish,  game,  bread,  butter,  cheese,  lard,  eggs,  vegetables: 
breadstuffs,  milk  and  other  food  products  offered  for  sale  in  the  City,  and  to 
provide  for  the  taking  and  summarily  destroying  of  any  such  products  as  are 
unsound,  spoiled,  adultei-ated,  or  unwholesome,  and  to  regulate  and  prevent 
the  bringing  into  the  City  or  having  or  keeping  within  the  City  any  such 
un.sound,   spoiled,   adulterated    or   unwholesome   products. 

Dairies. 

'<:'.)  To  provide  for  the  regulation  and  Inspection  of  all  dairies,  slaughter 
iiuu.ses  and  creameries  that  offer  for  sale  or  sell  any  of  their  products  in  the 
City. 

Lodging',  Tenement  and  Apartment  Houses. 

(43)  To  regulate  lodging,  tenement  and  apartment  houses  and  to  pre- 
\ent  the  overcrowding  of  tlie  same  and  to  require  that  they  be  put  and  kept 
in   proper   sanitary   condition. 

Server    Connection. 

(44)  To  regulate  the  construction,  repair,  and  use  of  sewers,  sinks,  gut- 
ters, wells^,  cesspools,  and  vaults,  and  to  compel  the  connecting,  cleaning,  or 
emptying  of  the  same,  and  to  designate  the  time  and  manner  in  which  the 
work    shall    be   done. 

Garbaiice. 

(45)  To  provide  for  the  treatment  of  and  the  collection  and  disposal  of 
garbage,  ashes,  animal  and  vegetable  refuse,  dead  animals,  offal,  rubbish  and 
waste    matter. 

Licensing     Business. 

(46)  To  license  for  purjposes  of  regulation  and  revenue  all  and  every 
kind  of  business  not  prohibited  by  law  to  be  transacted  or  carried  on  in  the 
City,  and  all  shows,  exhibitions  and  lawful  games  carried  on  therein;  to  fix 
the  rates  of  licenses  upon  the  same,  and  to  provide  for  the  collection  thereof 
^'V  suit  or  otherwise. 

Weiislits   and    Measures. 

(47)  To  provide  for  the  inspection  and  sealing  of  all  weights  and  meas- 
M-es  used  in  the  City,  and  to  enforce  the  keeping  and  use  by  dealers  of 
•  roper  weights  and  measures  duly  tested  and  sealed. 

Taxation. 

(48)  To  levy  and  collect  taxes  upon  all  the  real  and  personal  property 
within  the  City,  subject  to  the  limitations  elsewhere  in   this  Charter  provided. 

Erroneously    Collected    Taxes. 

(49)  To  order  the  repaying  by  the  treasurer  of  any  taxes,  percentages 
or  costs   erroneously  or  illegally   collected. 

Pees. 

■     (50)      To   fix   the   fees   and   charges   for   all    official   services    not   otherwise 
provided  for  in  this  Charter. 

Purchase    of    Property    Untler    Execution. 

(51)      To   provide   for   the   purchase   of   property   levied   upon    or   under   exe- 


cution    in   favor  of   the   City,   but   the   amount   bid   on   sucli    purchase   shall    not 
pvoeed   the   amount   of  judgment   and  costs. 

Sale    of    Useless*    Personal    Property. 

(52)  To  provide  for  the  sale  at  public  auction,  after  advertising  for 
five  days,  of  personal  property  unfit  or  unnecessary  for  the  use  of  the  City. 

Street   Grades. 

(53)  To  establish   or  change  the   grade   of  any   street   or  piublic   place. 

LiiK'ht    and    Water. 

(54)  To  provide  for  the  lighting  of  the  streets,  highways,  public  places, 
and  public  buildings  and  for  supplying  the  City  with  water  for  municipal 
purposes. 

Boulevards. 
(5o')  To  set  apart  as  a  boulevard  or  boulevards  any  street  or  streets  over 
which  there  is  no  existing  franchise  for  any  railroad  and  to  regulate  and  pre- 
vent heavy  teaming  thereon;  and  wlien  any  such  street  shall  have  been  set 
aside  as  a  boulevard,  no  franchise  for  a  railroad,  interurban  railway  or  street 
railway  of  any  kind  shall  ever  be  granted  upon  such  boulevard  and  no  rail- 
road track  of  any  kind  shall  ever  be  laid  thereon,  unless  an  ordinance  to  that 
effect  shall  have  been  duly  passed  by  popular  vote,  as  provided  in  Section  89 
or   Section    90   of   this   Charter. 

Closed  or  Abandoned  Streets. 

(56)  Whenever  any  street  or  portion  of  a  street  shall  be  abandoned  or 
closed  by  ordinance,  to  convey  by  deed  such  street  or  portion  of  street  so 
abandoned  or  closed,  to  the  owners  of  the  land  adjacent  thereto  in  such  wise 
as  the  Council  shall  deem  that  eq\iity  requires. 

^    Res:u!ation    of    Public    Utility    Rate.s. 

(57)  To  fix  and  determine  by  ordinance  in  the  month  of  February  of 
each  year,  to  take  effect  on  the  first  day  of  July  thereafter,  the  rates  or  com- 
pensation to  be  collected  by  any  person,  firm  or  corporation  in  the  City  for 
the  use  of  water,  heat,  light,  power  or  telephonic  service,  supplied  to  the 
City  or  the  inhabitants  thereof,  and  to  prescribe  the  quality  of  the  service. 

Regulation    of    Street    Railroads. 

(58)  To  regulate  stieet  railroads,  their  tracks  and  cars,  to  compel  the 
owners  of  two  or  more  such  street  railroads  using  the  same  street  to  use  tlie 
same  tracks  and  to  equitably  divide  the  cost  of  construction  and  the  cost 
of  maintenance  thereof  between  them. 

F<ailroads    to    Keep    Streets    in    Repair. 

(59)  To  require  every  i-ailroad  company  to  keep  the  streets  in  repaii-  be- 
tween the  tracks,  and  along  and  witliin  the  distance  of  two  feet  upon  each 
side  of  the  tracks  occupied  by  the  company,  and   to  sprinkle  the  same. 

Spur    Tracks. 

(60)  To  permit  the  laying  down  >5T  spur  or  side  tracks  and  running  cars 
thereon,  for  the  purpose  of  connecting  warehouses,  manufactories,  or  other 
business  industries  and  enterprises  with  any  line  of  railroads  which  do  now  or 
may  hereafter  enter  the  City,  subject  to  such  regulations  and  conditions  as  may 
be  prescribed  from  time  to  time  by  the  Council,  such  tracks  not  to  be  used  as 
a  main  line  or  a  part  thereof;  and  also  for  the  purpose  of  excavating  and  fill- 
ing in  a  street  or  portion  of  a  street  or  the  adjoining  land,  and  for  such 
limited  time  as  may  be  necessary  for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must  be  operated  under 
such  restriction  as  not  to  interfere  with  the  use  of  the  streets  by  the  public.  Ail 
permits  granted  under  the  provisions  hereof  shall  be  revocable  at  the  pleasurt 
of  the  Council. 

Regulation  of  Poles   and   Wires. 

(61)  To  cause  the  removal  and  placing  under  ground  of  all  telephone, 
telegraph,  electric  light  or  other  wires  within  the  City,  or  within  any  desig- 
nated portion  thereof,  and  to  regulate  or  prohibit  the  placing  of  poles  and 
suspending  of  wires  along  or  across  any  of  the  streets,  highways  and  public 
places  in  the  City. 

Si%e    and    I^oeation    of    Pipes. 

(62)  To  regulate  the  size  and  location  of  all  water  pipes,  gas  pipes,  and 
all  other  pipes  and  conduits  laid  or  constructel  in  the  streets  and  public 
places,  and  to  require  the  filing  of  charts  and  maps  of  such  pipes  and  conduits. 

Gleet  ions. 

(68)  To  make  all  rules  and  regulations  governing  elections  not  iiH-on- 
Blstent  with  this  Charter. 

Civil  Service  Coiuinission. 

(64)  To  establish  a  Bureau  of  Civil  Service  and  to  appoint  a  Commis- 
sion, to  serve  without  compensation,  to  administer  the  same  under  rules  and 
regulations  to  be  made  by  the  Council.  Such  Commission  shall,  among  other 
things,    provide    for    the    classification   of   all    employments    in    the    administra- 


tive  service  of  the  City  not  excepted  by  the  provisions  of  this  Charter,  by  the 
Council  or  by  the  people,  for  open,  competitive  and  free  examinations  as  to 
fitness,  for  an  eligible  list  from  which  vacancies  shall  be  filled,  for  a— period 
of  probation,  before  employment  is  made  permanent,  and  for  promotion  on  the 
basis  of  merit,  experience  and  record. 

Park    ConiiuiMslon. 
(6r.)      To    establish    a     Park    Commission    and     to    appoint    Commissionera 
tliereon,  to  serve  without   compensation,  with   such   powers  and   duties  as  may 
be  fixed  by  the  Council. 

National    ludepeudenoe. 
(66)      To  allow  not  to  exceed  five  hundred  dollars  in  any  one  year  for  the 
celebration   of  the   Anniversary  of  our  National   Independence. 
]>Iiisic    and    Promotion. 
(u7)      To   expend    such    sum    as    the    Council    shall    deem   proper,    not    to    ex- 
ceed   live    per   ctnturn    of   the    property    tax    levy    in    one    fiscal    year   for    music 
and   promotion. 

General   Grant   of  Po^ver. 

(68)  To  exercise  such  other  powers  as  are  now  or  may  be  hereafter 
gi-anted  by  the  Icgislatuie  to  the  municipalities  within  the  State,  unless  the 
exercise  of  such  powers  is  contrary  to  the  provisions  of  this  Charter;  to 
exercise  all  other  needful  powers  for  tlie  efficient  administration  of  the  muni- 
cipal go\ernmeni.  whether  such  powers  are  herein  expressly  enumerated  or 
not;  and  to  enact  appropriate  legislation  a,nd  do  and  perform  any  and  all  other 
acts  and  things  v/hich  may  be  necessary  and  proper  to  carry  out  the  general 
powers  of  the  City  or  of  any^  of  the  provisions  of  this  Charter, 

Liberal    Construction. 

(69)  I^astly,  this  grant  of  power  is  to  be  liberally  construed  for  the 
purpose  of  securing  the  well   being  of  the  municipality  anc    its   inhabitants. 

Gemei'al    La%vs   Followed. 

(70)  In  the  absence  of  any  procedure  for  carrying  out  or  effectuating 
;iny  granted  or  implied  power  or  authority,  the  general  law  of  this  State 
where  applicable  and  where  not  inconsistent  with  any  express  provision  of 
this  Charter  shall  prevail  and  shall  be  followed. 

Diret't    Lesi.slation    by    People. 

(71)  The  qualified  voters  of  tlie  City  shall  have  power  through  the  initia- 
Li\e  and  otherwise,  "as  provided  by  this  Charter  and  the  general  laws  of  the 
.stale,  to  enact  apjJropriate  legislation  to  carry  out  and  enforce  any  of  the 
general  or  implied  powers  of  the  City. 

ARTICI.K    IV. 
Kleetions.  , 

.Sect!!)ii  .".  A  !nui!icipal  e'eetion  sliull  he  held  in  t!ie  City  on  tiie  first  Tues- 
day  in  June  in  the  year  1911.  and  on  the  second  Tuesday  in  April  in  1913, 
un;i  on  the  secojid  Tuesday  irj  April  in  every  second  year  thereafter,  and  shall 
i)e  known  as  the  general  mu'iicipal  election.  A  second  election  shall  be  held 
when  necessary,  as  provid-^-l  in  subdivisioi>  20  of  section  6  on  the  secona 
Tuesday  after  said  genera'  municipal  election,  and  shall  be  known  as  the 
second  general  municipal  election. 

All  other  municipal  eh-^ctions  that  may  be  held  by  authority  of  this  Charter 
oj-  of  general  law  shall  be  known  as  special  municipal  elections. 
Nomination   and   lilleetion   of   City   Officers. 

Section  G.  The  mode  of  nojnination  and  election  of  all  elective  officers 
of  the  City  to  be  voted  foi-  at  any  municipal  election  shall  be  as  follows  and 
not  otherwise:  • 

Condition   of   Candidacy. 

(1)  The  name  of  a  candidate  shall  be  printed  upon  the  ballot  when  a 
petition  of  nomination  shall  have  been  filed  in  his  behalf  in  the  manner  and 
form  and   under  tlie  conditions  hereinafter  set  forth. 

Form   of   Nomination   Petition, 

(2)  The  petition  of  nomination  shall  read  substantially  as  follows;  and 
shall  contain  the  name  of  one  candidate  and  no  more;  and  shall  be  signed  by 
at    least    twenty-five    qualified    and    registered    electors    of    the    City: 

PETITION     OF     NOMINATION. 

.State  of  Califf^rnia,  

County  of  Stanislaus, 
City    of    Modesto. 

Prect. 


1,    the    undersigned,    certify    that    I    do    hereby   join,  in    a    petition    for    the 

nomination    of whose    residence    is    at    No. 

Street,    Modesto,    or    (if    candidate    for 

office   of   member   of   Board    of   Education) Modesto 

City  School  District,  for  the  office  of '. 


8 

to   be   voted   for  at   the   municipal   election    to   be   held   in    the   City   of  Modesto 

on    the    day   of    19 

and  I  further  certify  that  I  am  a  qualified  elector  and  am  net  at  this  time  o 
signer  of  any  other  petition  nominating  any  other  candidate  for  the  above 
named  office,  or,  in  case  there  are  several  places  to  be  filled  in  the  abovn 
"amed  office,  that  I  have  not  signed  more  petitions  than  there  are  places  to  be 
filled  in  the  above  named  office;  that  my  residence  and  occupation  is  as  place»l 
opposite  my  name. 

Name.  Address.  Occupation. 

ForniH    to    Be    Supplied    by    the    City    Clerk. 

(3)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish  upon  application  a 
reasonable  number  of  forms  of  the  above  character  of  uniform  size. 

ReisuiroiiieutK    of    CerdfVeate. 

(4)  Tlie  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper,  but  said  petition  may  be  presented  ip  sections.  The  number  of  signa 
tures  to  each  section  shall  be  at  the  pleasure  of  the  person  soliciting  signatures 
to  the  same.  Any  qualified  voter  or  taxpayer  of  the  City  shall  be  competent 
to  solicit  said  signatures.  Each  section  shall  have  attached  thereto  the  affi- 
davit of  the  person  soliciting  signatures  to  the  same,  stating  that  all  the  sig- 
natures to  the  attached  section  were  made  in  his  presence,  and  that  to  th«^ 
best  of  his  knowledge  and  belief  each  signature  to  the  section  is  the  genuine 
'■(gnature  of  the  person  whose  name  purports  to  be  thereunto  subscribed,  and 
no  other  affidavit  thereto  shall  be  required.  Each  signature,  the  genuine- 
ness of  which  is  not  called  in  question  by  the  sworn  affidavit  of  the  alleged 
owner  thereof,  shall  be  presumed  to  be  genuine.  Unless  and  until  it  bt- 
proven  otherwise  by  official  investigation,  it  shall  be  pi-esumed  that  the  peti- 
tion presented  contains  the  signatures  of  the  requisite  number  of  qualified 
voters  and  conforms  vo  all  other  legal  requirements..  Each  signer  of  said 
petition  shall  add  to  his  signature  his  plsce  of  residence  giving  the  street 
and  number,  if  any,  or  a  description  which  will  enable  his  place  of  residence 
tc  be  determined,  and  his  occupation.  In  case  an  elector  has  signeil  two  or 
more   confiicting  petitions,   such   signatures   shall   be   disregarded. 

Da<e    of    Presentlus    Petition. 

(5)  Such  petition  may  be  presented  to  the  City  Clerk  not  earlier  th.in 
forty-five  days  nor  later  than  thirty  days  before  the  election.  The  Clerk  shall 
endorse  thereon  the  date  upon  which   the  petition  was  presented   to  him. 

E]x»n>iuntinii    of    Petitions    by    City    Clerit. 

(6)  When  a  petition  of  nomination  is  presented  for  filing  to  the  City 
Clerk,  he  shall  forthwith  examine  the  same  and  ascertain  whether  it  con- 
forms to  the  provisions  of  this  section  and  is  signed  by  the  requisite  number 
of  electors.  If  found  not  to  conform  thereto  oi-  not  to  be  signed  by  the 
requisite  number  of  electors,  he  shall  there  and  then  in  writing  designate 
on  said  petition  the  defect  or  omission  or  reason  why  such  petition  cannot  be 
filed  and  shall  return  such  petition  to  the  person  presenting  the  same.  The 
petition  may  then  be  amended  and  again  presented  to  the  Clerk,  within  five 
days,  as  in  the  first  instance.  If  the  Clerk's  certificate  shall  show  the  peti- 
tion to  be  again  insufficient,  it  shall  be  returned  to  the  person  presenting 
the  same  without  prejudice,  however,  to  the  presenting  of  a  new  petition 
to  the  same  effect,  provided  said  petition  be  presented  not  later  than  thirty 
days  before  the  election.  The  Clerk  shall  forthwith  proceed  to  examine 
the  same  as  herein  before  provided,  and  if  found  to  be  insuft'icient.  it  shall 
be  by  the  Clerk  rejected.  If  necessary,  the  Council  shall  provide  extra  help 
to  enable  the  Clerk  to  perform  satisfactorily  and  promptly  the  duties  im 
posed    by    this    section. 

Withdrawal   of   Signature. 

(7)  Any  signer  to  a  petition  of  nomination  may  withdraw  his  name  from 
the  same  by  filing  with  the  City  Clerk  a  verified  levocation  of  his  signature 
before  the  filing  of  the  petition  by  the  Clerk,  and  not  otherwise.  He  shall 
then  be  at  liberty  to  sign  a  petition  for  another  candidate  for  the  same  office. 

\%^ithdrawal  of  Candidate. 

(8)  Any  person  whose  name  has  been  presented  under  this  section  as  a 
candidate  may,  not  later  than  twenty-five  days  before  the  day  of  election 
cause  his  name  to  be  withdrawn  from  nomin.ation  by  filing  with  the  City 
Clerk  a  request  therefor,  in  writing  and  no  name  so  withdrawn  shall  be 
printed  upon  the  ballot.  If  upon  such  withdrawal  the  number  of  candidates 
remaining  does  not  exceed  the  number  to  be  elected,  then  other  nominations 
may  be  made  by  filing  petitions  therefor  not  later  than  twenty  days  prior  ^o 
.'>LK'h    election. 

Filing   of   Petitions. 

(9)  If  either  the  t)riginal  or  the  amended  petition  of  nomination  be 
found  sufficiently  signed  as  hereinbefore  provided,  the  Clerk  shall  file  the 
same  in   his   office   twenty-five   days   before   the   date   of   the   election. 

Wben  a  petition  of  nomination   shall  have  been   filed  by  the  Clerk   it  shall 


not   be  withdrawn  nor  added  to,  and  no  signature  shall  be  revoked  tliereafter. 
Preservatiou    of    Petitlouj*.  

(10)  The  City  Clerk  shall  preserve  in  his  office  for  a  period  of  two  years 
nil  petitions  of  nominations  and  all  certificates  belonging  thereto  filed  under 
tliis  section. 

E^Iection    Proclamation. 

(11)  Immediately  after  such  petitions  are  filed,  the  Clerk  shall  enter 
the  names  of  the  candidates  in  a  list,  with  the  offices  to  be  filled,  and  shall 
not  later  than  twenty  days  before  the  election  certify  such  list  as  being  the 
list  of  candidates  nominated  as  required  by  the  Charter  of  Modesto,  and  the 
Council  shall  cause  said  certified  list  of  names  and  the  offices  to  be  filled, 
designating  whether  for  a  full  term  or  unexpired  term,  to  be  published  in  the 
proclamation  calling  the  election  at  least  ten  successive  days  before  the  elec- 
tion in  not  more  than  tAvo  daily  ne\vspapers  of  general  circulation  published  in 

he  City  of  Modesto.  Said  proclamation  sliall  conform  in  all  respects  to  the  gen- 
eral state  law  governing  the  conduct  of  municipal  elections,  now  or  hereafter 
in  force,  except  as  above  required,  and  shall  be  signed  by  the  Mayor  and  City 
Clerk. 

Form  oC  Ballots. 

(12)  The  City  Clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  for  by  state  law,  except  as  otherwise  required  in 
Lhis  Charter.  The  ballots  shall  contain  the  list  of  names  and  the  respective 
offices,  as  published  in  the  proclamation,  and  shall  be  in  substantially  the 
following    form: 

General  (or  Special)  Municipal  Election,  City  of  Modesto.  (Inserting  date 
thereof.) 

Instructions  to  Voters:  To  vote,  stamp  or  write  a  cross  (X)  opposite  the 
name  of  the  candidate  for  whom  you  desire  to  vote.  All  marks  otherwise 
made  arc  forbidden.  All  distinguishing  marks  are  forbidden  and  make  the 
ballot  void.  If  you  wrongly  mark,  tear  or  deface  this  ballot,  return  it  to  the 
inspector   and   obtain   another, 

RetiuirementM   of   ISallot. 

(13)  All  ballots  printed  shall  be  precisely  of  the  same  size,  quality,  tint 
of  paper,  kind  of  type,  and  color  of  ink,  so  that  without  the  number  it  would 
be  impossible  to  distinguish  one  ballot  from  another;  and  the  names  of  all 
candidates  printed  upon  the  ballot  shall  be  in  type  of  the  same  size  and  style. 
A  column  moy  be  provided  on  the  right  hand  side  for  Charter  amendments 
or  other  questions  to  be  voted  upon  at  the  municipal  elections,  as  provided 
for  under  tliis  Charter.  The  names  of  the  candidates  for  each  office  shall 
be  arranged  in  alphabetical  order,  and  nothing  on  the  ballot  shall  b£  indica- 
tive of  the  source  of  the  candidacy  or  of  the  support  of  any  candidate. 

Kvery    Nomiuee    <o    Be    On    Ballot. 

(14)  The  name  of  no  candidate  who  has  been  duly  and  regularly  nomi- 
nated, and  who  has  not  withdrawn  his  name  as  herein  provided,  shall  be 
omitted   from    the   ballot. 

Arraujj^euiout   of   Olficen   on    Ballot. 
'15)      The  offices  to  be  filled  shall   be  arranged  in  separate  columns  in  the 
following  order: 

"For  Mayor   (if  any)   vote  for  one." 

"For  Councilman    (if   any)    vote   for    (giving   number)." 

"For  Member  of  Board  of  Education    (if  any)    vote   for    (giving  number)." 
Space   for  Voting   CrosN. 

(16)  Half-inch  squares  shall  be  provided  at  the  right  of  the  name  of  each 
candidate  wherein   to  mark   the  cross. 

Blank    Spaces    for    Additional    OandidateM. 

(17)  Half-inch  spaces  shall  be  left  below  the  printed  names  of  candi- 
dates for  each  office  equal  in  number  to  the  number  to  be  voted  for,  wherein 
the  voter  may  write  tlie  name  of  any  person  or  persons  for  whom  he  may  wish 
to   vote. 

Sample  Ballots. 

(18)  The  Clerk  shall  cause  to  be  printed  sample  ballots  in  form  identical 
with  the  ballot  to  be  used  at  the  election  and  shall  furnish  copies  of  the 
same  on  application  to  registered  voters  at  his  office  at  least  five  days  before 
the  date  fixed  for  such  election,  and  shall  mail  one  such  ballot  to  each  vote? 
entitled  to  vote  at  such  election,  so  that  all  of  said  sample  ballots  shall  have 
been   mailed   at   least  three  whole  days   before  said  election. 

Vote    Xeces.sary    for    E^lectiou. 

(19)  In  case  there  is  but  one  person  to  be  elected  to  an  office,  the  candi- 
date receiving  a  majority  of  the  votes  cast  for  all  the  candidates  for  that 
office  shall  be  declared  elected;  in  case  there  are  two  or  more  persons  to  be 
elected  to  an  office,  then  those  candidates  equal  in  number  to  the  number  to 
be  elected,  who  receive  the  highest  number  of  votes  for  such  office  shall  be 
declared   elected;   provided,    however,   that    no   person   shall   be   declared   elected 


10 

to  any  office  at  such  first  election  unless  the  number  of  votes  received  by  him 
shall  be  greater  than  one-half  the  number  of  ballots  cast  at  such  election. 

Second  Election. 

(20)  If  at  any  election  held  as  above  provided  there  be  any  office  lo 
which  the  required  number  of  persons  was  not  elected,  then  as  to  such  office 
the  said  first  election  shnll  >><>  c-oTiRidered  to  bavp  been  a  primarv  eler*^ion  for 
the  nomination  of  candidates,  and  a  second  election  sliall  be  held  to  fill  said 
office.  Tlie  candidates  not  elected  at  such  first  election,  equal  in  number  to 
twice  the  number  to  be  elected  to  any  given  office,  or  less  if  so  there  be,  who 
receive  the  highest  number  of  votes  for  the  respective  offices  at  such  first 
election,  shall  be  the  onlj'-  candidates  at  such  second  election,  provided,  that 
if  there  be  any  person  who,  under  the  provisions  of  this  subdivision,  would 
have  been  entitled  to  become  a  candidate  for  any  office  except  for  the  fact 
that  some  other  candidate  received  an  equal  number  of  votes  therefor,  then 
all  such  persons  receiving  such  equal  number  of  votes  shall  likewise  become 
candidates  for  such  office. 

The  candidates  equal  in  number  to  the  persons  to  be  elected  who  shall 
receive  the  highest  number  of  votes  at  such  second  election  shall  be  declared 
elected  to  such  office. 

Date    of    Election. 

(21)  The  said  second  election,  if  necessary  to  be  held,  shall  be  held  on 
the  second  Tuesday  after   the  first  election. 

RiilCM   Governius-    Second   Election. 

(22)  All  the  provisions  and  conditions  above  set  forth  as  to  the  conduct 
of  an  election,  so  far  as  they  may  be  applicable,  shall  govern  the  second 
election,  except  that  proclamation  of  election  need  be  published  twice  only, 
and  provided  also  that  the  same  precincts  and  polling  places  shall,  if  possible, 
be  used. 

Failure   of  Person    Elected  to   Q,ua!ify. 

(23)  If  a  person  elected  fails  to  qualify,  the  office  shall  be  filled  as  if 
there  were  a  v^acancy   in   such   office,   as   hereinafter  provided. 

lufornialiticM    in    Election. 

(24)  No  informalities  in  conducting  municipal  elections  shall  invalidate 
the  same,  if  they  have  been  conducted  fairly  and  in  substantial  conformity 
to  the  requirements  of   this  Charter. 

General  Election  RegiilntionM. 

(25)  The  provisions  of  the  State  law  relating  to  the  qualifications  of 
electors,  the  manner  of  voting,  tlie  duties  of  election  officers,  the  canvassing 
of  returns,  and  all  other  particulars  in  respect  to  the  management  of  elec- 
tions, so  far  as  they  may  be  applicable,  shall  govern  all  municipal  elections, 
provided  that  the  Council  shall  meet  as  a  canvassing  board  and  duly  canvass 
the  election  returns  within  four  days  after  any  municipal  election,  except  ns 
otherwise  in  this  Charter  provided. 

CtualificationM  of  Voters. 

(26)  No  person  shall  be  entitled  to  vote  at  any  election  held  un^ler  the 
provisions  of  this  Charter,  unless  he  shall  be  a  qualified  elector  of  the 
county,  enrolled  upon  the  great  register  thereof  and  in  the  precinct  in  which 
he  votes  at  least  twenty-five  days  next  preceding  said  election  and  shall  have 
resided  in  the  City  of  Modesto  for  at  least  thirty  days  preceding  such  elec- 
tion. At  any  election  lield  under  the  provisions  of  this  Charter,  the  last 
printed  great  register  of  the  county  shall  be  used  and  any  elector  whose  name 
is  not  upon  such  printed  register  shall  be  entitled  to  vote  upon  producing  and 
filing  with  the  Board  of  Election  a  certificate  under  the  hand  and  official 
seal  of  the  County  Clerk  showing  that  his  name  is  registered  and  uncan- 
celled upon  the  great  register  of  the  county;  provided  that  he  is  otherwise 
entitled  to  vote. 

Voting    .TIacliines. 
Section   7.     In   case  voting  machines  shall   be   used   at   municipal   elections, 
the   Council  shall   have  power,  by  ordinance,   to  modify   the  provisions  of  Sec- 
tion 6  so  far  as  may  be  necessary  to  adapt  them  to  the  use  of  voting  machines. 

ARTICLE     V. 
ELECTIVE    OFFICERS. 
Section   8.      The   elective   officers   of   the   City   of  Modesto   shall    be  a    Mavoi-, 
four  Councilmen,  and   five  members  of   the  Board   of   Education. 

The  Council  shall  consist  of  the  Mayor  and  four  Councilmen,  each  of 
whom,  including  the  Mayor,  shall  have  the  right  to  vote  on  all  questions  com- 
ing before  the  Council. 

Elected    at    Large. 
Section    9.      The    Mayor    and    Councilmen    shall    be    elected    at     the    gpneTHJ 
municipal  election  on  a  general  ticket  from  the  City  at  large. 
Eligibility   of   Mayor   and    Councilmen. 
Section  10.      To  be  eligible  for  the  office  of  Mayor,  or  Councilman,  a  pers.>r: 


11 

must    be   a   citizen    of   the   United   States   and    a   qualified    elector    of   tiie    State 
of  California,  and  of  the  City  of  Modesto  for  at  least  three  years  next  preceding 

Ills  election.  

Vacancy    In    Council. 

Section  11.  If  a  vacancy  shall  occur  in  the  office  of  Mayor  or  Councilman, 
the  Council  shall  forthwith  appoint  a  person  to  fill  such  vacancy.  Said  ap- 
pointee shall  possess  such  qualifications  for  eligibility  as  are  set  forth  in 
Section  10  of  this  Article  and  shall  hold  office  until  his  successor  Is  duly 
elected  and  qualified.  Sucli  successor  shall  be  chosen  at  the  next  general 
municipal  election,  or  at  the  first  succeeding  special  municipal  election  called 
for  any  other  purpose,  or  as  otherwise  provided  in  recall  proceedings-  for  the 
recall  of  an  officer,  which  election  shall  not  take  place  less  than  forty  (40) 
(lay.--    after   such, vacancy   occurs. 

Tiie  person  so  elected  shall  hold  office  for  the  unexpired  term.  All  the 
pio\  Isions  of  Section  6.  Article  IV  shall  apply  to  all  elections  held  under  this 
Section. 

Mayor's    Term     of    Office. 

.Section  12.  The  Mayor  shall  hold  office  for  a  term  of  four  years  from  and 
aftei-  ilie  first  Monday  in  May  after  his  election,  and  until  his  successor  is 
ei^cted  and  qualified;  provided,  that  a  Mayor  sliall  be  elected  at  the  first  muni- 
cipal election  held  under  this  Charter,  and  said  Mayor  shall  take  office  on 
the  first  day  of  .1  iily  succeeding  his  election,  and  his  term  of  office  shall  cease 
and  determine  upon  the  election  and  qualification  of  the  Mayor  elected  at 
the  general   municipal   election  in    19ir>. 

Coiincilni'en's    Term    of    Office. 

Section  1.3.  The  Councilmen  sliall  hold  office  for  a  term  of  four  years 
from  and  after  the  first  Monday  in  May  after  their  election  and  until  their 
successors  are  elected  and  qualified;  provided,  that  four  Councilmen  shall  be 
electerl  at  tiie  fii'st  genei-;il  municipal  ef?ction  held  under  this  Charter  and 
shall  take  oft'ice  on  the  first  day  of  July  succeeding  their  election;  and  pro- 
".'ided,  farther,  that  the  Councilmen  first  elected  under  this  Charter  shall  so 
classify  themselves  by  lot  that  the  term.s  of  two  of  said  Councilmen  shall 
t-ease  and  determine  upon  the  election  and  qualification  of  the  two  Councilmen 
elected  at  the  general  municipal  election  in  1913,  and  that  the  terms  of  office 
of  the  other  two  of  said  Councilmen  elected  at  the  first  general  municipal 
elv'ction  held  under  this  Ch.arter  shall  cease  and  determine  upon  the  election 
.and  qualification  of  the  two  Councilmen  elected  at  the  general  municipal 
election    in    1915. 

At  each  general  municipal  election  after  the  first,  held  under  this  Charter, 
tiiere  shall  be  elected  two  Councilmen,  and  at  every  alternate  general  muni- 
cipal election  after  the  first,  held  under  this  Charter,  a  Mayor  shall  be  elected. 

Official    BondN. 

Section  14.  The  Council  shall  fix  the  amount  of  the  bonds  and  the 
methods  of  their  approval  to  be  required  of  appointive  officers. 

The  approval  of  tlie  official  bonds  must  be  endorsed  tliereon  and  signed 
by  ihe  officer  or  officers  appro\ing  the  same.  All  bonds,  except  the  Clerk's 
bond,  which  shall  be  filed  with  the  Mayor,  when  approved,  shall  be  filed  with 
the  City  Clerk.  All  the  provisions  of  any  law  of  this  State,  relating  to  offi- 
cials bonds,  not  inconsistent  with  tliis  Charter,  shall   be  complied  with. 

Oatli  of  Office. 

Section  15.  Every  officer  of  the  City,  before  entering  upon  the  duties  of 
his  office,  sliall  take  the  oath  of  office  as  provided  for  in  the  Constitution  of 
this  State,  and  shall   file  the  same  with   the  City  Clerk. 

Compensxilion    of    3layor   and    Councilmen. 

Section  IC.  The  Mayor  and  Councilmen  shall  receive  no  compensation 
unless  the  electors  by  ordinance  proposed  and  adopted  in  accordance  with 
Section   89  or  Section  90  of  this  Charter  shall  otherwise  provide. 

Administering;     Oatlis.         Sul)pocunM. 

Section  17.  l^^very  elective  officer,  every  chief , official  and  every  member 
of  any  Board  or  Cornmission  provided  for  in  this  Charter,  or  by  ordinance, 
adopted  according  to  the  provisions  of  this  Charter,  shall  have  the  power  to 
administer  oaths  and  affirmations,  and  every  such  Board  or  Commission  shall 
have  power  to  issue  subpoenas,  to  compel  by  subpoena  the  production  of  books, 
papers  and  documents,  and  to  take  and  hear  testimony  concerning  any  matter 
or  thing  pending  before  such  Board  or  Commission.  If  any  person  so  sub- 
poenaed neglect  or  refuse  to  appear,  or  to  produce  any  book,  paper  or  docu- 
ment as  required  by  such  subpoena,  or  shall  refuse  to  testify  before  any  such 
Board  or  Commission,  or  to  answer  any  question  which  a  majority  of  such 
Board  or  Commission  shall  decide  to  be  proper  or  pertinent,  he  shall  be 
deemed  in  contempt,  and  any  such  Board  or  Commission  shall  have  the  power 
to    take  'the   proceeding.^    in    that   behalf   provided    bj'    the    general    laws    of  Xhis 


state.      The   Chief  of   Police   must,    on   request   of   any   member    of   such    Boaid 
or  Commission,  detail  a  police  officer  or  police  officers  to  serve  such  subpoena. 

ARTICLE    Vf. 

TI-IE  MAYOR. 
The    {  hlef    Exeontivc. 

Section  18.  Tlie  Mayor  shall  be  the  chief  executive  officer  of  the  City 
and  shall  see  that  all  the  ordinances  thereof  are  duly  enforced.  He  shall 
be  charged  with  the  general  oversight  of  tlie  several  departments  of  the 
municipal  government.  He  shall  see  that  all  contracts  made  with  the  City 
are   faithfully  performed. 

Mayor    Pro    Tempore. 

Section  19.  During  tlie  temporary  absence  or  disability  of  the  Mayor, 
the  Vice-President  of  the  Council  shall  act  as  Mayor  pro  tempore.  In  case 
of  the  temporary  absence  or  disability  of  both  the  Mayor  and  Vice  President, 
the  Council  shall  elect  o?ie  of  its  members  to  be  Mayor  pro  tempore.  In  case 
of  vacancy  in  the  office  of  the  Mayor,  the  Vice-President  of  the  Council  shall 
act  as  Mayor  until  such   vacancy  can  be  filled  as  provided  in  this  Charter. 

.^layor's    KeportN. 

Section  20.  The  Mayor  shall  annually  and  fi-om  time  to  time  give  the 
Council  information  relative  to  the  affairs  of  the  City  and  recommend  to  Its 
consideration  such  matters  as  he  may  deem  expedient. 

Mayor    to    Have    City'K    BooIvm    Examined. 

Section  21.  The  Mayor  shall  employ,  for  a  stipulated  compensation,  at 
the  beginning  of  each  fiscal  year,  a  certified  pul)lic  accountant,  who  shall  ex- 
amine, at  least  once  each  year  the  books,  records  and  reports  of  the  Auditor 
and  of  all  officers  and  employees  who  receive  or  disburse  City  moneys,  and 
the  books,  records  and  reports  of  such  other  officers  and  departments  as  the 
Mayor  may  direct,  and  make  triplicate  reports  thereof,  and  present  one  each 
to  the  Mayor  and  Auditor  and  file  one  with  the  City  Clerk.  Such  accountant 
shall  have  unlimited  privilege  of  investigation,  tt)  examine  under  oath  or 
otherwise  all  officers,  clerks  and  employees  of  the  City,  and  every  such  officer; 
clei-k  and  employee  shall  give  all  required  assistance  and  information  to  such 
accountant,  and  submit  to  him  for  examination  such  books  and  papers  of  his 
office  as  may  be  requested,  and  failure  to  do  so  shall  be  deemed  and  held  to 
t.e  a  forfeiture  and  abandonment  of  his  office.  The  Council  shall  provide  for 
the  payment  of  the  services  of  such  accountant,  and  fix  the  time  at  which 
such  report  shall  be  made  and   filed. 

.Siipervi.>sioii    o£    I'liblie    Mtiiity    Coinpaiiie.<«. 

Section  22.  Tlie  Mayor  shall  be  charged  with  the  general  supervision 
of  all  public  utility  companies  in  so  far  as  they  are  subject  to  municipal  con- 
trol; he  shall  keep  liimself  fully  informed  as  to  tlieir  compliance  in  all  re- 
.spects  with  the  law,  and  he  shall  see  that  all  franchises  granted  by  the  City 
are    faithfully   observed. 

The  Mayor  shall  cause  to  be  instituted  such  actions  or  proceedings  as  may 
be  necessary  to  prosecute  public  utility  companies  for  violations  of  law,  and 
to  revoke,  cancel  or  annul  all  franchises  that  may  have  been  granted  by  the 
City  to  any  person,  firm  or  corporation,  which  have  become  foifeitable  in 
whole  or  in  part,  or  which  for  any  reason  are  illegal  and  \oid  and  not  bindinK' 
upon  tlie  City.  The  City  Attorney,  on  demand  of  the  Mayor,  must  institute 
and  prosecute  in  the  name  of  the  City  the  necessary  actions  to  enforce' tlie 
provisions   of  this  section. 

Powers    and    Diitle-s    Prescribed    fiy    Ordinuaee. 

Section  23.  The  Mayor  shall  exercise  such  other  powers  and  perform 
such  other  duties  as  may  be  prescribed  by  law  or  by  ordinance,  or  by  resolu- 
tion  of  the  Council. 

.\RTiCM5    VII. 

THE     COUNCIL. 
The    Couueii,     Hte    Go»'erniug     Body. 

Section  24.  All  powers  herein  granted  to  and  vested  in  the  City  of  Modesto 
shall,  except  as  herein  otherwise  provided,  be  exercised  by  a  Council  to  be 
designated  the  jPouncil  of  the  City  of  Modesto.  Said  Council  shall  be  the 
governing  body  of  the  City  and,  subject  to  the  express  limitations  of  this 
Charter,  shall  'be  vested  with  all  powers  of  legislation  in  municipal  affairs 
adequate  to  a  complete  system  of  local  government  consistent  with  the  con- 
stitution of  the  State. 

President  and  Vice-President. 

Section  25.  The  Mayor  shall  be  President  of  tlie  Council  and  shall  pre- 
side at  its  meetings  when  present.  The'Council  shall  elect  one  of  its  number 
to   be  Vice-President. 

Meetings    of    Council. 

Section    26.      The    Council    shall,    by    ordinance,    pro\lde    for    the    lime    an-l 


13 

place  of  holding   its   meetings   and   the   manner   in    which    its   special   meetings 
may   be   called. 

Meetings    to    Be    Pxiblic. 

Section  27.  All  legislative  sessions  of  the  Council,  whether  regular  or 
special,   shall  be  open   to  the  public. 

Section  28.  A  majority  of  the  Council  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  less  number  may  adjourn  from  time  to  time  and 
postpone  the  consideration  of  pending  business  in   like  manner. 

RtileM    of    Proeeedins. 
Section   29.     The  Council  shall  determine  its  own  rules  of  procedure,   may 
punish  its  members  for  disorderly  conduct  and  compel  their  attendance  at  the 
Council   meetings. 

Ordinances  and   Resolutions. 
Seclioi)    30.      (1)      Tiie    Council    shall   act   only    by    ordinance    or    resolution. 

Ayes   and   Noes. 
{2}      Tlie  ayes  and  noes  shall  be  taken  upon  the  passage  of  all  ordinances 
and  resoliuions  and  entered  upon  the  journal  of  the  proceedings  of  the  Council. 
Upon    the   request   of  any   member,   the   ayes   and   noes   shall   be   taken   and   re- 
corded on  any  vote.       Every  member,  when  present  must  vote, 
Slajority    Vote    of    Conneil. 
C^)      No  ordinance  or  resolution  shall  be  passed  or  become  effective  without 
receiving  the  aftirmative  vot*.s  of  ar  least  three  members  of  the  Council. 

Title. 

(4)  Every  ordinance  shall  be  preceded  by  a  brief  title  which  shall  Indi- 
cate  the  subject  and  purport   thereof. 

Knacting  Clause  of  Ordinances. 

(5)  The  ordaining  clause  of  all  ordinances  adopted  by  the  Council  shall 
be.  "The  Council  of  the  City  of  Modesto  do  ordain  as  follows."  and  the  or- 
daining clause  of  all  ordinances  adopted  in  accordance  with  the  provisions 
of  Article  XTII  shall  be,  "The  People  of  the  City  of  Modesto  do  ordain  as 
follows." 

Ileqnirenients    of    Ordinances^. 

(6)  No  ordinance  shall  be  passed  by  the  Council  on  the  day  of  its  intro- 
duction nor  within  five  days  thereafter  nor'  at  any  other  time  than  at  a 
regular  meeting,  nor  until  its  publication  at  least  once  in  full  in  the  official 
newspaper  of  the  City  of  Modesto  at  least  three  days  before  its  adoption;  and 
in  case  of  amendment  being  made  thereto  before  the  final  adoption  of  the 
ordinance,  it  must  in  like  manner  be  republished  in  full  as  amended  at  least 
one  day  before  its  adaption  as  amended. 

Ordinance   Required   in    Certain    Cases. 

(7)  No  action  providing  for  any  specific  improvement  or  the  appropri- 
ation or  expenditure  of  any  public  money,  except  a  sum  less  than  two  hundred 
dollars;  for  the  appropriation,  acquisition,  sale  or  lease  of  public  property; 
fo!'  the  levying  of  any  tax  or  assessment;  for  the  granting  of  any  franchise; 
lor  establishing  or  changing  fire  limits;  or  for  the  im.posing  of  any  penalty, 
shall  be  taken  except  by  ordinance;  provided,  that  such  exceptions  be  ob- 
served as  may  be  called  for  in  cases  where  the  Council  takes  action  in  pur- 
.'^uance  of  a  general   law  of  the  State. 

Recousideration. 
(S)      When  anj'  ordinance   is  put   upon   its  final   passage  and  fails   to  pass, 
and  a  motion  is   made   to   reconsider,   the  vote   upon   such   motion   shall   not  be 
taken   except  at  a  meeting  of   the  Council,   held   not   less   than   one  week  after 
the   meeting  at   which    such   motion   vv^as   made. 

Signing   and    Attesting. 

(9)  All  ordinances  shall  be  signed  by  the  Mayor  and  attested  by  the 
City   Clerk. 

Revision  and  Amendment. 

(10)  No  ordinance  shall  be  revised,  re-enacted  or  amended  by  reference 
to  its  title  only;  but  the  ordinance  to  be  revised  or  re-enacted,  or  the  section 
or  sections  thereof  to  be  amended,  or  the  new  section  or  sections  to  be  added 
thereto,  shall  be  set  forth  and  adopted  in  the  method  provided  in  this  section 
for    the    adoption   of   ordinances. 

Repeal. 

(11)  No  ordinance  nor  section  thereof  shall  be  repealed  except  by  ordi- 
nance adopted  in   the  manner  provided   in   this   section. 

itecord    <>f    ^ity    Ordinances. 

(12)  A  true  and  correct  copy  of  all  ordinances  shall  be  kept  and  certi- 
fied to  by  the  City  Clerk  in  a  book  marked  "City  Ordinances."  Such  record 
copy,  with  such  certificate,  or  the  original  ordinance,  shall  be  prima  facie 
evidence  of  the  contents  of  the  ordinance  and  of  the  due  passage  and  publica- 
tion of  the  same,  and  shall  be  admissible  as  such  in  any  court  or  oroceediniT. 
Such   records  shall   not  be  filed   in  any  case,  but  shall  be  returned   to  the  cus- 


H 

tody  of  the  City  Clerk.  Nothing  lierein  contained  shall  be  consttueJ  to  pre- 
vent the  proof  of  the  passage  and  publication  of  an  ordinance  In  the  usual 
way. 

Protcftiou    of    Abneut    Conimissloner. 
Section   31.     No  final   action   shall   be   taken   in   any   matter  concerning   the 
special   department   of   any  absent   Councilman    unless   such   business   has   been 
made    a    special    order    of    the    day    by    action    at    a    previous    meeting    of    the 
Council,  or  such -action  is  taken  at  a  regular  meeting  of  the  Council. 
When  OiTices  Become  Vacant. 
Section  32.     An  elective  office  becomes  vacant  when  the  incumbent   thereof 
dies,   resigns,   is   removed   from   office  under   recall   proceedings   as   provided    in 
Section    88   of   Article  XIII,    is   adjudged   insane,   convicted    of   felony,   or   of   an 
offense   involving  a  violation   of  his   official   duties,   or  ceases   to   be   a    resident 
of    the   City,    or    neglects    to    qualify    within    the    time    prescribed    by    the    pro- 
visions   of    this    Charter,    or    shall    have    been    absent    from    the    State    without 
leave   for   more    than   sixty   consecutive   days,    or    fails   to   attend    the    meetings 
of  the  body  of  which  he  is  a  member  for  -a  like  period  without  being  excused 
therefrom    by   said    body. 

ARTICLE    VIII. 

EXECUTIVE     AND     ADMINISTRATIVE     DEPARTMENTS. 

The    Four    ^tluiiieipal    DeiiartuientM. 

Section     33.     The     executive     and     administrative     powers,     authority     an  J 

duties  of  the  City,  not  otherwise  provided   for.  shall  be  distributed  among-  and 

assigned  to  foui-  departments,  as  follows: 

1.  Department  of  Finance  and  Revenue. 

2.  Department  of  Public  Health  and   Safety. 

3.  Department    of    Public    Works. 

4.  Department   of   Public   Supplies. 

Conneil   to   AsNi};-n   Diitiei*   to    tlie   Department m. 

Section  34.  The  Council  shall  determine  and  assign  the  duties  of  the 
several  departments,  subject  to  the  provisions  of  the  preceding  section;  shall 
prescribe  the  pov/ers.and  duties  of  olticers  and  employees;  may  assign  particu- 
lar officers  and  employees  to  one  or-  more  of  the  departments;  may  require 
an  officer  or  employee  to  perform  duties  in  two  or  moie  departments,  and 
may  make  such  other  rules  and  regulations,  not  inconsi.'Jtent  with  this 
Charter,  as  may  be  necessary  or  proper  for  the  efl'icient  and  economical 
conduct   of   the   business   of   the   City. 

T!:e    Four    ContmfMtti oners. 

Section  35.  The  Council  at  its  first  regular  meeting  after  the  electiun 
of  its  members,  shall  designate  by  majority  vote  one  Councilman  to  be  Com- 
missioner of  Finance  and  Revenue,  one  to  be  Commissioner  of  Public  Health 
and  Safety,  one  to  be  Commissioner  of  Public  Works  and  one  to  be  Commis- 
sioner of  Public  Supplies.  If  the  Council  is  unable  to  agree,  the  Mayor  shall 
have  authority  to  make  such  designation.  The  Coinicil  may  change  such 
designation,  whenever  it  determines  that  the  public  service  will  be  benefited 
thereby. 

The    Chief    Offloiulx. 

Section  36.  The  chief  officials  of  the  City  shall  be  City  Clerk,  Au  liter. 
Assessor,  Treasurer,  Collector,  Attorney,  Engineer,  Chief  of  Po^ce.  Fij-e  Chief. 
Street  Superintendent,  Building  Inspector.  Sewer  Inspector,  Health  Officer 
and  five  Librarj'  Trustees.  They  shall  be  appointed  and  may  be  remove  i 
by  a  majority  vote  of  the  Council.  The  Council,  at  any  time  when  in  its 
judgment  the  interests  of  the  City  so  demand,  may  consolidate  and  place  in 
the  charge  of  one  such  officer  the  functions  and  duties  of  two  or  more  such 
officers.  The  Council  shall  by  ordinance  or  by  resolution  prescribe  the 
duties  of  all  the  chief  officials. 

The  Council  shall  at  the  first  regular  meeting  after  the  election  of  its 
members,  or  as  soon  thereafter  as  practicable,  proceed  to  the  appointment 
of  the  chief  officials  of  the  City  and  the  determination  of  their  dutie.s,  as 
provided   in   this  section. 

Subordinate    Oft'iecrH    and    Employee!*. 

Section  37.  The  Council  shall  have  power  by  ordinance,  or  by  resolution, 
to  create  and  discontinue  offices,  deputyships,  assistantships,  boards  and  com- 
missions, and  employments  other  than  those  prescribed  in  this  Charter,  to 
provide  the  modes  of  filling  them,  to  prescribe  the  duties  pertaining  thereto, 
according  to  its  judgment  of  the  needs  of  the  City,  and  to  determine  the  mode 
of  removing  any  such  olTicer,  deputy,  assistant  or  employee,  except  as  other- 
wise provided  in   this  Charter. 

Compensation   ot   Oftloer.s    and   Employees. 

Section  38.  The  compensation  of  all  City  officers  provided  for  by  Section 
36  of  this  Charter,  except  Library  Trustees,  who  shall  receive  no  i-emuneration, 
shall  be  by  salary  to  be  fixed  by  ordinance.  The  Council  shall  also  fix  the 
compensation  of  all  other  officers  and  employees  of  the  City  except  as  in  this 
Charter    otherwise    provided.      No    officer    or    employee    shall    be    allowed    any 


X 


15 

fees,  perquisites,  emoluments,  rewards  or  compensation,  aside  from  the  salary 

or    compensation    as    fixed    by    the    Council,    but    all    fees    received    by    him    in 

connection  with  his  official  duties  shall  be  paid  by  him  into-  the  City  treasury. 

KeporlH    of    Departments. 

Section    39.     Each    department    and    commission    shall    annually,    on    such 
date  as  may  be  fixed  by  the  Council,  render  to  the  Mayor  a  full  report  of  all 
operations  of  such  depar^ient  or  commission  for  the  year. 
Reports    to    Be    Published. 
Section   40.     The  Council  shall   provide  for  the  publication   of  the  annual 
reports  of  the  Mayor  and  the  several  departments  and  coipmissions. 
Councilman   to   Hold    No   Other    Oifice. 
~  Section    41.     No    member    of    tne    Council    shall    hold    any    other    municipal 
office  or  hold  any  office  or  employment  the  compensation  of  which  is  paid  out 
of  the  municipal   moneys;   or  be  elected   or  appointed   to  any   office   created   or 
the  compensation  of  which  is  increased  by  the^Jouncil,  while  he  was  a  member 
thereof,    until   one    year   after   the   expiration    of    the    term    for   which    he    was 
elected. 

No  member  of  the  Council  during  the  term  for  which  he  shall  have  been 
elected   sliall  be  eligible  to  fill  a  vacancy  in  the  office  of  Mayor, 

Officers, JVot   to   Be    Interested    in    Contracts   or   Franchises. 

Section  42.  No  officer  or  employee  of  the  City,  shall  be  directly  or  indi- 
rectly interested  in  any  contract,  work  or  business  of  the  City,  or  in  the  sale 
of  any  article,  the  expense,  price  or  consideration  of  which  is  paid  for  from 
the  trea.'^ury  or  by  assessment  levied  by  any  act  or  ordinance;  nor  in  the 
purchase  or  lease  of  any  real  estate  or  other  property  belonging  to  the  City 
or  which  shall  be  sold  for  taxes  or  assessments  or  by  virtue  of  legal  process 
at  the  suit  of  the  City.  No  officer  or  employee  of  the  City  shall  be  in  the 
employ  of  any  public  service  corporation  in  the  City  or  of  any  person  having 
any  contract  with  the  City  or  of  any  grantee  of  a  franchise  granted  by  the 
City. 

Any  contract  or  agreement  made  in  contravention  of  this  Section  shall 
be   void. 

Any  violation  of  the  provisions  of  this  Section  by  such  officer  or  employee 
of  the  City  shall  be  deemed  a  misdemeanor. 

,         The   Council    shall    enforce    the   provisions    of    this    Section    by    appropriate 
legislation. 

,  Political  and  Relii^ious  Tests. 

Section  43.  No  appointment  to  position  under  the  City  government  shall 
be  made  or  be  withheld  by  reason  of  any  religious  or  political  opinions  or 
affiliations  or  political  services,  and  no  appointment  to  or  selection  for  or 
removal  from  any  office  or  employment,  anij  no  transfer,  promotion,  reduc- 
tion, reward  or  punishment  shall  be  in  any  manner  affected  by  suph  opinions, 
affiliations   or   service. 

ARTICLE    IX. 

FINANCE    AND    TAXATION. 
The  Fiscal   Year. 

Section  44.  The  fiscal  year  of  the  City  shall  commence  upon  the  first  day 
of  .July  of  each  year,  or  at  such  other  time  as  may  be  fixed  by  ordinance. 

Tax    System. 

Section  45.  The  Council  shall  by  ordinance  provide  a  system  for  the 
assessment,  levy  and  collection  of  all  City  taxes  not  inconsistent  with  the 
provisions   of  this   Charter. 

The  Council  shall  have  power  to  avail  itself  by  ordinance  of  any  law  of 
the  State  of  California  pow  or  hereafter  in  force  and  comply  with  the  require- 
ments thereof  whereby  assessments  may  be  made  by  the  Assessor  of  the 
county  in  which  the  City  of  Modesto  is  situated  and  taxes  collected  by  the 
tax  collector  of  said  county  for  and  on   behalf  of  the  City  of  Modesto. 

Other  provisions  of  this  Charter  concerning  the  assessment,  levy  and  col- 
lection of  taxes  shall  be  subject  to  the  provisions  of  any  such  ordinance 
while  the  same  shall  be  in  force. 

Department    Fstimntes    of    Annual    Requirements. 

Section  46.  On  such  date  in  each  year  as  shall  be  fixed  by  the  Council, 
the  heads  of  departments,  offices,  boards  and  commissions  shall  send  to  the 
commissioner  of  finance  and  revenue  a  careful  estimate  in  writing  of  the 
amounts,  specifying  in  detail  the  objects  thereof,  required  for  the  business 
and  proper  conduct  of  their  respective  departments,  offices,  boards  and  com- 
missions, during  the  next  ensuing  fiscal  year. 

Annual    Estimate    of   City's    Requirements    and    Revenue. 

Section  47.  On  such  date  in  each  year  as  shall  be  fixed  by  the  Council, 
the  commissioner  of  finance  and  revenue  shall  submit  to  the  Council  an  esti- 
mate of  the  probable  expenditures  of  the  City  government  for  the  next 
erfsumg    fiscal    year,    stating    the    amount    required    to    meet    the    interest    and 


16 

sinking  funds  for  the  outstanding  funded  indebtedness  of  the  City,  and  tlie 
w^nts  of  all  the  departments  of  the  municipal  gov^ernment  in  -detail,  and 
showing  specifically  the  amount  necessary  to  be  provided  •  for  each  fund 
and  department;  also  an  estimate  of  the  ainount  of  income  from  fines,  licenses 
and  other  sources  of  revenue  exclusive  of  taxes  upon  propeity.  and  the 
probable   amount   required    to   be   levied   and    i-aised    by    taxation. 

Annual    Budgret. 

Section  48.  The  Council  sh'all  meet  annually  prior  to  fixing  the  tax 
levy,  and  make  a  budget  of  the  estimated  amounts  /equired  to  pay  the  ex- 
penses of  conducting  the  business  of  the  City  government  *for  the  n^xt  enduing 
fiscal  year.  The  budget  shall  be  prepared  in  such  detail  ^as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  each  department,  office,  board  or  com- 
mission  as   the  Council   may   deem   advisable.     ^ 

Board    of    I<](iiinlixatlon. 

Section  49.  The  Council  shall  meet  at  tiieir  usual  place  of  hohling  meet- 
ings on  the  first  Monday  in  August  of  each  year,  at  ten  o'clock  in  the  fore- 
noon of  said  day,  and  sit  as  a  board  of  equalization,  and  shall  continue  in 
session  from  day  to  day  for  at  least  five  days.  They  shall  have  power  to 
hear  complaints  and  to  correct,  modify,  strike  out  or  to  raise  any  assessment, 
provided  that  notice  shall  be  gi\  en  to  the  party  whose  assessment  is  to  be 
raised.   ' 

Anpual    Tiix     Levy. 

Section  50.  The  Council  must  finally  adopt,  not  later  than  its  first  legular 
meeting  in  September,  an  ordinance  levying  upon  the  assessed  valuation  of 
the  property  in  the  City,  subject  to  the  provisions  of  this  Charter,  a  rate  of 
taxation  upon  each  one  hundred  dollars  of  valuation  sufficient  to  raise  the 
aniounts  estimated  to  be  required  in  the  annual  budget,  less  the  amounts 
estimated  to  be  received  from  fines,  licenses  and  other  'sources  of  revenue. 
They  shall  then  deliver  t\ie  assessment  roll  to  the,  auditor,  who  shall  com- 
pute and  carry  out  the  amount  of  the  tax  so  levied  upon  each  parcel  of  prop- 
erty contained  in  said  assessment  roll.  The  corrected  list  for  each  tax  shaH 
be  the  assessment  roll  of  said  tax  for  said  i^ear,  and  it  shalf  be  certified  by 
the  auditor  as   being  the  assessment   roll   of  said    tax. 

F^iuiit   of  Tax    Levy. 

Section  51.  The  tax  levy  authorized  by  the  CounciT  lo  meet  ihe  muni- 
cipal expenses  for  each  fiscal  year  shall  not  exceed,  except  as  liereui  pro- 
vided, the  rate  of  one  dollar  on  each  one  hundred  dollars  of  the  assesse.i  value 
c'f  all  real  and  personal  property  within  the  City.  Such  levy  shall  be'placed 
in  the  general  fund,  which  .  may  be  apportioned  by  the  Council,  except  as 
otherwise   provided   in    this   Charter. 

Bond  .Tax.      Library  Tax. 

Section  52.  The  Council  shall  have  power  to  levy  nnd  collect  taxes,  i-i 
addition  to  the  taxes  herein  authorized  to  be  levied  and  collected,  sufficient 
to  pay  the  interest  and  maintain  the  sinking  fund  of  the  bonded  indebted- 
ness of  the  City;  and  to  levy  not  exceeding  twenty  cent^  on  each  one  hundred 
dollars  of  the  assessed  value  of  all  real  and  personal  j^ro^erty  within  the 
City  for  the  support  and  maintenance  of  fi-ee  public  libraries  and  reading 
rooms.  '  ^ 

'  Tax    iaeuN.  ^ 

Section  53.  All  taxe^  and  assessments  levied  together  with  any  per- 
centage imposed  for  delinquency  and;  the  cost  of  collection,  shall  constitute 
Jiens  on  the  property  assessed;  every  tax  upon  the  personal  property  shall 
be  a  lien  upon  the  real  property  of  the  ownev  thereof.  The  liens  provided 
for  in  this  section  shall  attach  as  of  tlie  first  Monday  in  March  in  eaclf  year, 
and  may  be  enforced  by  actions  in  any  court  of  compet;ent  jurisdiction  to 
foreclose  such  liens,  or  by  a  sale  of  the  property,  affgcted  and  the  axecution 
and  delivery  of  all-  n*-cessary  certificates  and  deeds  therefor,  under  such  regu- 
lations as  may  be  prescribed  by  ordinance;  provided,  that  when  real  estate 
is  offered  for  sale  for  City  -taxes  due  thereon,  the  same  sliall  be  struck  off 
and  sold  to  the  City,  in  like  case  and  in  like  manner  and  w^ith  like  effect  and 
with  like  right  of  redemption,  as  it  may  be  struck  off  and  sold  to  the  state 
when  offered  for  sale  for  state  and  county  taxes;  and  the  Council  shall  have 
power  to  provide  for  the  procedure  to  be  followed  in  such  sales  to  the  City 
and_  redemption    tliereafter.  \ 

Dntles  of  the  Auditor. 

Section  54.  Money  shall  be  drawn  from  the  treasury  only  upon  warrants 
as  herein  authorized.  Every  demand  against  the  City,  from  whatever  source, 
including  the  free  public  library,  when  allowed  by  the  Council  or  proper 
board,  shall  bo  signed  by  the  president  and  secretary  or  clerk  of  such  body, 
and  a  warrant,  numbered  anti  dated  the  same  as  the  demand  issued  and  signed 
by  the  same  officers,  and  both  must,  before  it,  can  be  paid,  be  presented  to 
the  auditor,  who  shall  satisfy  himself  whether  the  money  is  legally  due  and 
its  payment  authorized  by  law.  If  he  allow  it,  he  shall  endorse  upon  the 
warrant    the    word    "allowed,';  and    the    date    of    such    allowance,    and    sign    tiis 


17 

name  thereto.  No  demand  shall  be  approved,  allowed,  audited  or  paid  unless 
it  specify  each  special  item.^and  the  date  thereof.  It  shall  be  the  duty  of  the 
auditor  to  be  constantly  acquainted  with  the  exact  condition  of  the  treasury 
He  shall,  on  application  of  any  person  indebted  to  the  City,  holding  money 
payable  into  the  City  ,treasui-y  or  desiring  to  pay  money  therein,  certify  to 
the  treasurer  the  amount  thereof,  to  what  fund  applicable,  and  by  w>iom  to 
be  paid.  He  shall  charge  the  treasurer  with  the  amount  received.  It  shall 
be  his  duty  to  apportion  among  the  several  funds  all  p.ubTic  money  at  any 
time  in  the  City  treasury,  itot  by  law  or  ordinance  specifically  apportioned- 
;ind  appropriated,  and  forthwith  notify  the  treasurer  of  such  apportionment 
or  appropriation.  He  shall  countersign  and  deliver  to  the  proper  officers,  all 
licenses  and  other  i-eceipts,  charging  thern  therewith,  and  taking  their  receipjt 
therefor.  He  shall  at  the  first  regular  meeting  of  each  month,  or  oftener  if 
required,  ,'eport  in  writing  to  the  Council  the  condition  of  each  fu»d  in  the 
treasury.  He  shall  keep  a  complete  set  of  books  for  the  City,  In  which  he 
fihH\\  s'et  forth  in  a  plain  and  business-like  manner,  every  money  transaction 
of  tlie  City,  so  tliat  he  can  at  any  time  tell  the  exact  condition  of  the  City's, 
finances,  and  draw  all  warrants  on  the  treasury.  He- shall  pet-form  such  other 
duties  as  may  be  required  of  him  by  this  Charter  or  by  ordinance. 
DNpoMitiou    of   lloiioy   CoIIeotert. 

Section  55.  l^^very  officer  collecting  or  receiving  any  moneys  belonging 
to  or  for  the  use  of  the  City  shall  on  tl>e  day  of  the  receipt  thereof  settle  for 
the  sam.e  with  the  auditor  and  immediately  pay  all  the  same  into  the  treasury, 
on  tlie  order  of  the  auditor,  for  the  benefit  of  the  funds  to  which  such  moneys 
severally  belong.  The  Council  may  provide,  in  its'  discretion,  for  the  deposit 
of  the  City  moneys  in  banks  in  accordance  witjj  the"^state  law. 
Uniform  Accounts  and  Reports.  \ 

Section  56.  The  Council  shall  prescribe  uniform  forms  pf  accounts,  which 
.shall  be  observed  by  all  officers  and  departments  of  the  Cfty  whiph  receive 
or  disburse  moneys.  Whenever  an  act  shall  be  passed  by  the  State  Legislature 
calling  for  uniform  municipal  reports,  the  City  authorities  shall  be  governed 
thereby. 

ARTICLE    X.  ^ 

PUBLIC   WORK    AND    SUPPLIES. 
Form  of  Contracts. 

Section  57.  All  contracts  shall  be  drawn  under  tjie  Supervision  of  the 
City  Attorney.  All  contracts  must  be  in  writing,  executed  in  the  name  of  the 
City  of  Modesto  by  an  officer  or  officers  authorized  to  sign  the  same,  and 
must  be  countersigned  by  the  auditor,  who  shall  number  and  register  the 
same    in   a   book   kept   for  that  purpose. 

I'rbiirre.ssive  Payments  on   Contracts. 

Section  58.-  Any  contract  may  provide  for  progressive  payments  if  in  the 
(u-diJiaiUJe  aujtlioi-izing  or  ordering  the  work  permission  is  given  for  such  a 
connact.  But  no  progressive  payments  can  be  provided  for  or  ma'de  at  any 
time  whicii  with  prior  payments,  if  there  have  been  such,  shall  exceed  In 
amount  at  that  time  seventy-five  per  cent,  of  the  value  of  the  labor  done  and 
the  materials  used  up  to  that  time,  and  no  contract  shall  provide  for  or 
authorize  or  permit  the  payment  of  more  than  seventy-ft-ve  per  cent  of  the 
contract  price  before  the  completion  of  the  work  done  under  said  contract 
'an,l   the  acceptance  thereof  by  the  proper  officer,  department  or  board. 

Public  Work  to  Be  Done  by  Contract.  \ 

Section  59.  In  the  erection,  improvements  and  repair  of  all  public  build- 
ings and  works,  in  all  street  and  sewer  work,  and  in  all  work  in  wr  about 
, streams^  or  water  front,  or  in  or  about  embankments  or  other  works  for 
protection  against  o,verflow  and  erosion,  and  in  furnishing  any  supplies  and 
materials  for  the  same,  or  for  any  othpr'use  by  the  City,*  when  the  expendi- 
ture required  for  the  same  exceeds  the  sum  of  two  hundred  dollars,  the  same 
sliaU  be  done  by  contract,  and -shall  be  let  to  the 'lowest  responsible  bidder, 
after  adv'ertising  fk)r  sealed  proposals  for  the  work  contemplated,  in  five 
successive  issues  of  the  official  newspaper  of  the  City  of  Modesto.  Such  notice 
shall  distinctly  and  specifically  state  the  work  cohtemplated  to  be.  done. 
Provided,  however:  the  Council  may  reject  any  and  all  bids  and  readvertise 
for  bids,  or  ,^rovide  fpr  the  work  to  be  done  by  the  department  of  public 
works.  In  case  no  bid  is  received,  the  Council  may  likewise  provide  for  the 
Avork    to    be   done   by    the  department   of  public   works. 

Contracts   for  Offtcial   Advertising. 

Section  60.  The  Council  shall  let  annually  contracts  for  tlie  official  ad- 
vertising for  the  ensuing  fiscal  year.  For  this  purpose  the  Council  shall 
advertise  for  one  day,  setting  forth  distinctly  and  specifically  the  work  con- 
templated to  be  done,  and  asking  for  sealed  proposals  therefor.  The  pro- 
posals shall  specify  the  type  and  spacing  gto  \>e  used  at  the  rate  or  rates 
named  in  the  bids.  The  Council  shall  let  the  contracts  for  such  official  adver- 
tising  to   the    lowest   responsible   bidder   publishing   a   daily    newspaper    in    the 


1 8 

City,  which  is  a  newspaper  of  general  circulation  and  has  been  in  existence 
fit  the  time  of  the  awarding  of"  the  contract  at  least^one  year;  provided,  that 
the  Council  may  reject  any  or  all  bids  and  advertise  for  new  bids. 

The  newspaper  to  which  the  award  of  such  advertising  is  made  shall  be 
known  and  designated  as  the- "official  newspaper  of  the  City  of  Modesto." 

Contracts   for   L.lgrhtiiig. 

Section  61.  JSIo  contract  for  lighting  streets,  public  buildings,  places  or 
offices  shall  be  made  for  a  longer  period  than  one  year,  nor  shall  any  con- 
tract to  pay  for  electric  light  or  any  illumination  material  at  a  higher  rate 
than   the  minimum  price  charged  to  any  other  consumer  be  valid. 

Hours  of   Labor. 

Section  62.  The  maximum  time  of  labor  or  service  required  of  any 
laborer,  workman  or  mechanic  employed  upon  any  municipal  work,  whether 
so  employed  directly  by  the  City  and  its  officers,  or  by  a  contractor  or  sub- 
contractor,  shall  be  eight  hours   during  any   one  calendar  day. 

Collusion  With  Bidder. 

Section  63.  Any  officer  of  the  City,  or  of  any  department  thereof,  who 
shall  aid  or  assist  a  bidder  in  securing  a  contract  to  furnish  labor,  materials 
or  supplies  at  a  higher  price  than  that  proposed  by*any  other  bidder,  or  who 
shall  favor  one  bidder  over  another  by  giving  or  withholding  information,  or 
who  shall  wilfully  .mislea'^  any  bidder  in  regard  to  the  charac'ter  of  the  ma- 
terials or  supplies  called  for,  or  who  shall  knowingly  accept  materials  or 
supplies  of  a  quality  inferior  to  those  called  for  by  the  contract,  or  who 
shall  knowingly  certify  to  a  greater  amount  of  labor  performed  than  has 
been  actually  performed,  or  to  the  receipt  of  a  greater  amount  or  different 
icind  of  materials  or  supplies  than  has  been  actually  received  shall  be  deemed 
guilty   of  malfeasance  and   shall   be   removed   from   office. 

Collusion  by  Bidder. 

Section  64.  If  at  any  time  it  shall  be  found  that  the  person  to  whom  a 
contract  has  been  awarded  has,  in  presenting  any  bid  or  bids,  colluded  with 
any  other  party  or  p.arties  for  the  purpose  of  preventing  any  other  bid  being 
made,  then  the  contract  so  awarded  shall  be  null  and  void,  and  the  Council 
shaU  advertise  for  a  new  .contract  for  said  work,  or  provide  for  such  public 
work  to  be  done  bV   the  department  of  public  works. 

ARTICLE    XI. 
FRANCHISES. 
Property  Ki^lits   of  the  City   Inalieuable. 
•    Section  65.     The  rights  of  the  City  in  and  to  its  water  front,  wharf  prop- 
erty,   land    under    water,    public    landings,    wharves,    dT)cks,    streets,^Tiighways, 
parks  and  all  other  public  places,  except  as  otherwise  provided  In  this  Charter, 
are    hereby    declared    inalienable. 

Xo  I'se  of  Streets  AVIthout  a  Franebise.  ' 

Section  66.  No  person,,  firm,  or  corporation  shall  ever  exercise  any  fran- 
chise or  privilege  mentioned  in  this  Article  except  in  so  far  as  he  or  it  may 
be-  entitled  to  do  so  by  direct  authority  of  the  constitution  of  California  or 
of  the  constitution  or  laws  of  the  United  States,  in,  upon,  over,  under  or  along 
any  street,  highway  or  other  public  place  in  the  City  unless  he  or  it  shall 
have  obtained  a  grant  therefor  in  accordance  with  the  provisions  of -this 
Article. 

Franchise   to    Use    Streets. 

Section  67.  Every  fri:nchise  or  privilege  to  construct  or  operate  stieet, 
suburban  or  interarban  railroads  along,  upon,  over,  or  under  any  street, 
highway,  or  other  public  place,  or  to  lay  pipes  or  conduits  or  to  erect  poles 
or  wires  or  other  structures  in,  upon,  over,  under  or  along  any  street,  highway 
or  other  public  place  in  the  City  for  the  transmission  of  gas  or  electricity,  or 
for  any  purpose  whatever,  shall  be  granted  upon  the  conditions  in  tliis  Article 
provided,    and   not   otherwise. 

Applications  for  Franchise. 

Section  68.  An  applicant  for  a  franchise  or  privilege  shall  file  with  the 
Council  an  application  therefor,  and  thereupon  the  Council,  if  it  propose  to 
grant  the  same,  shall,  or  on  petition  signed  by  qualified  and  registered  electors 
equal  in  number  to  twenty  percontum  (>f  t'ie  entire  vote  cast  at  the  Inst^pi'e- 
ceding  general  municipal  election,  re(iuesting  it  to  grant  the  same,  must 
advertise  the  fact  of  said  application  together  with  a  statement  that  it  is 
proposed  to  grant  the  same,  in  the  official  newspaper  of  the  City.  Said  adver- 
Lisenient  sliall  contain  a  copy  of  the  proposed  ordinance  making  such  grant. 
The  publication  of  such  advertisement  must  be  run  in  the  said  paper  in  ten  suc- 
cessive issues  and  must  be  completed  not  less  than  twenty  and  not  more 
than  thirty  days  before  any  further  action  can  be  taken  on  such  application. 
The  form  of  such  petition,  signatures,  and  verification  and  duties  of  the 
Clerk  In   i-esp'ect   thereto,  provided   in   Section   S9    (for  petitions   for  recall)    shall 


19 

apply   to  petitions   for  ginnt  of  franchise  referred   to   In   this   section. 

Conditions  of  Grant. 

Section  69.  The  advertisement  must  state  the  character  of  the  franchise 
or  privilege  proposed  to  be  granted,  and  if  it  be  a  street,  suburban  or  inter- 
urban  railroad,  the  route  to  traversed;  that  sealed  bids  therefor  will  be 
opened  at  a  stated  time  and  place,  and  that  the  franchise  will  be  awarded 
to  the  bidder  offering  to  pay  to  the  City  during  the  life  of  the  franchise  the 
highest  percentage  of  the  gross  annual  receipts  received  from  the  use,  opera- 
tion or  possession  of  the  franchise,  provided  that  such  percentage  be  not  less 
than  two  per  cent,  of  said  gross  annual  receipts  during  the  first  five  year.s. 
not  less  than  three  per  cent,  during  the  next  five  years,  not  less  than  four 
per  cent,  during  the  tliird  five  years,  and  not  less  than  five  per  cent,  for  the 
rest   of  the   life  of  the  franchise. 

Bidding-  for  tlie  FraiieliiNe. 

Section  70.  At  the  time  of  opening  the  sealed  bids,  any  responsible  per- 
son, firm,  or  corporation,  present  in  person,  or  represented,  may  bid  for  such 
franchise  or  privilege  not  less  than  one-fourth  of  one  per  cent,  of  the  gross 
annual  receipts  above  the  highest  sealed  bid  therefor,  and  such  bid  so  made 
may  be  raised  not  less  than  one-fourth  of  one  per  cent,  of  the  gross  annual 
receipts,  by  any  other  respon.sible  bidder,  and  such  bidding  may  continue  until 
finally  such  franchise  sliall  be  struck  off,  sold  and  awarded  by  the  Council 
to  the  person,  firm  or  coiporation  offering  the  highest  percentage  of  the  gross 
annual  receipts  arising  from  the  use,  operation  or  possession  of  such  fran- 
chise; provided,  that  if,  in  the  judgment  of  the  Council,  no  adequate  or  re- 
sponsible bid  has  been  made,  the  Council  may  withdraw  such  franchise  from 
sale   or   advertise    for   new   bids. 

Deposit   as   Guarantee   of  Good  Faitli. 

Section  71.  Kvery  application  and  bid  for  franchise  under  this  Article 
shall  be  accompanied  by  a  cash  deposit  of  five  hundred  dollars  ($500),  or  a 
certified  check  therefor  as  a  guarantee  of  the  good,  faltli  of  the  applicant  or 
bidder,  and  as  a  fund  out  of  which  to  pay  all  expenses  connected  with  such 
application   and  the  granting  of  sucli   franchise. 

Upon  the  franchise  being  awai'ded,  all  deposits  made  by  unsuccessful 
hidders  shall  be  returned.  The  deposits  of  the  successful  bidder  shall  be 
retained  until  the  filing  and  approval  of  the  surety  bond  hereinafter  provided 
for,  whereupon  the  remainder  of  such  deposit,  after  the  payment  therefrom 
<>i  all  expenses  incurred  by  the  City  in  connection  with  the  advertising  and 
awarding  of  such  francliise,  shall  be  returned. 

Open   Competition. 

Section  72.  No  clause  or  condition  of  any  kind  shall  be  inserted  In  any 
fianchise  or  grant  offered  or  sold  under  the  terms  of  this  Article,  which  shall 
directly  or  indirectly  restrict  free  and  open  competition  in  bidding  therefor, 
and  no  clause  or  provision  shall  be  inserted  in  any  franchise  offered  for  sale, 
which  shall  in  any  wise  favor  one  person,  firm  or  corporation,  as  against 
another  in  bidding  for  the  purchase   thereof. 

Bond. 

Section  73.  The  successful  bidder  for  any  franchise  or  privilege  awarded 
under  this  Article  shall  file  a  bond  running  to  the  City  to  be  approved  by 
the  Council,  in  the  penal  sum  to  be  prescribed  by  the  Council  and  set  forth 
in  the  advertisement  for  bids  conditioned  that  such  bidder  shall  well  and 
truly  observe  and  faithfully  perform  each  and  every  term  and  condition  of 
such  franchise,  and  that  in  case  of  any  breach  of  condition  of  such  bond,  the 
whole  amount  of  the  penal  sum  therein  named  shall  be  taken  and  deemed 
to  be  liquidated  damages  and  shall  be  recoverable  from  the  principal  and 
surety   upon   such   bond. 

Such  bond  shall  be  filed  with  the  Council  within  five  days  after  such 
franchise  is  awarded,  and  within  thirty  days  after  the  filing  and  approval 
(.f  such  bond  such  franchise  shall  by  the  Council  be  granted  by  ordinance 
(subject  to  the  provisions  of  Section  87  of  this  Article)  to  the  person,  firm 
or  corpoiation  to  whom  it  shall  have  been  struck  off,  sold  or  awarded,  and. 
In  case  such  bond  shall  not  be  filed,  the  award  of  such  franchise  shall  be 
set  aside,  and  any  money  dei)osited  In  connection  with  the  awarding  of  the 
franchise  shall  he  forfeited.  Rnd  the  franchise  shall,  in  the  discretion  of  thf» 
C'ouncil,  be  readvertised  and  again  offered  for  sale  in  the  same  manner  and 
under    the   same   restrictions   a?   hereinbefore   provided. 

Life  of   FranoiilMes. 

Section  74.     The  maximum  length  of  time  for  which  a   franchise  or  privi- 
lege   to   use   the    streets,    highways,    waters,    or    other   places    of    the    City   may 
be  granted   to  any  person,  firm  or  corporation  shall  .be  twenty-five   (25)   years. 
Beginning,   and   Completion  of  \Vorli. 

Section  75.  Work  under  any  franchise  granted  in  accordance  with  the 
terms  of  this  Article  shall  be  commenced  in  good  faith  within  no  more  than 
four    months    from    tlie    date    of    the    final    adoption    of    the    ordinance    granting 


20 

such  franchise,  and,  if  not  so  core tT,<'. need  within  said  time,  said  franchise 
shall  be  forfeited.  Work  under  any  franchise  so  granted  shall  be  completed 
within  the  time  fixed  for  such  completion  in  the  ordinance  granting  such 
franchise,  which  time  shall  be  not  more  than  three  years  from  the  date  of 
the  final  adoption  of  the  ordinance  granting  said  franchise,  and  if  not  so  com- 
pleted within  said  time,  said  franchise  shall  be  forfeited;  provided,  that  if 
good  cause  be  shown,  the  Council  may  by  resolution  extend  the  time  for  com- 
pletion thereof  not  exceeding  three  months. 

Regulation  of  Gruuts,  Franchises  anel  Privileges. 

Section  76.  The  grant  of  eveiy  franchise  or  privilege  shall  be  subject  to 
the  right  of  the  City,  whether  reserved  or  not,  to  make  all  regulations  which 
shall  be  necessary  to  secure  in  tlie  most  ample  manner  the  safety,  welfare 
and  accommodation  of  the  public,  including  among  other  things  the  right  to 
pass  and  enforce  ordinances  tt>  protect  the  public  from  dange*'  or  incon- 
venience in  tile  operation  of  any  work  or  business  authorized  by  the  grant 
of  the  franch'se  and  the  right  to  make  and  enforce  all  such  regulations  as 
shall  be  reasonably  necessary  to  secure  adequate,  sufficient  and  proper 
service  and  accommodations  tor  the  people  and  insure  their  comfort  and 
convenience. 

Hates   and   Cimrge.s. 

Section  77.  The  jprant  of  every  franchise  or  privilege  shall  be  subject 
to  the  riglit  of  the  City,  whether  reserved  or  not,  to  prescribe  and  regulate 
the  rates,  fares,  rentals  or  charges  made  for  the  service  rendered  under  such 
franchise.  The  grant  of  every  franchise  for  a  street,  suburban  or  interurban 
railroad  shall  provide  that  all  United  States  mail  carriers  and  all  officials, 
policemen  and  firemen  of  the  City  shall  at  all  times,  while  in  the  actual  dis- 
charge of  their  duties,  be  allowed  to  ride  on  the  cars  of  Such  railroad  within 
the  boundaries  of  the  City,  without  paying  therefor  and  with  all  the  rights 
of  other  passengers. 

Right    of    tl»e   City    to    Assume    Owner.sIiii}. 

Section  78.  Every  ordinance  granting  any  franchise  shall  provide  that 
at  the  expiration  of  the  period  for  which  the  franchise  was  granted,  or  at 
any  time  before  as  stated  in  the  ordinance,  the  City,  at  its  election  and  upon 
the  paym.ent  of  a  fair  valuation  therefor  to  be  made  in  the  manner  provided 
in  the  ordinance  making  the  grant,  may  puichase  and  take  over  to  itself  the 
property  and  plant  of  the  grantee  in  its  entirety,  but  in  no  case  shall  the 
value  of  the  franchise  of  the  grantee  be  considered  or  taken  into  account  in 
fixing  such  valuation.  Or  it  may  be  provided  in  the  ordinance  granting  any 
franchise  that  tlie  property  and  plant  of  the  grantee  shall,  at  the  expiration 
of  the  period  for  which  tiie  franchise  was  granted,  become  the  property  of 
the  City  without  any  compensation   to   the  grantee. 

iVo   Conveyance   Necessary    for   City's   Owner.ship. 

Section  79.  Every  ordinance  granting  any  franchise  shall  .  further  pro- 
vide that  upon  the  payment  by  the  City  of  a  fair  valuation  in  the  manner 
provided  in  the  ordinance,  the  plant  and  property  of  the  grantee  shall  become 
the  property  of  the  City  by  virtue  of  the  grant  in  payment  thereunder,  and 
without  the  execution  of  any  instrument  or  conveyance,  and  in  case  it  is 
provided  in  the  ordinance  granting  any  fra.nchise  that  the  property  and  plant 
;>f  the  grantee  shall,  at  the  expiration  of  the  period  for  which  it  was  granted, 
become  the  property  of  tlie  City  without  any  compensation  to  the  grantee, 
tlie  property  and  plant  of  the  grantee  shall  then  become  the  property  of  tho 
City  by  virtue  of  the  grant  and  without  tiie  execution  of  any  instrumei.t 
or    conveyance. 

Leasee  or  Assignment  of  Francliise. 

Section  80.  Any  franchise  granted  by  the  City  shall  not  be  leased,  as- 
signed or  otherwise  alienated  witliout  the  express  consent  of  the  City,  an.l 
no  dealings  with  a  lessee  or  assignee  on  the  part  of  the  City  to  require  the 
performance  of  any  act  or  payment  of  any  compensation  by  the  lessee  or 
assignee  shall  be  deemed  to  operate  as  such  consent;  provided,  that  iio^ing 
herein  shall  be  construed  to  prevent  the  grantees  of  such  franchise  from 
including  it  in  a  mortgage  or  trust  deed  executed  for  the  purpose  of  obtaining 
money   for   corporate   objects. 

Street   Sprinltliug,   Cleaning  and   Paving. 

Section  81,  Every  grant  of  any  franchise  or  privilege  in,  over,  under  or 
along  any  of  the  streets,  highways  or  public  places  in  the  City  for  railway 
purposes,  shall  be  subject  to  the  conditions  that  the  person,  firm  or  cor- 
poration exercising  or  enjoying  the  same  shall  sprinlcle,  clean,  keep  in  repair, 
and  pave  and  repave  so  much  of  said  street,  highway  or  other  public  place 
as  msy  be  occupietl  by  said  I'ailway,  as  lies  between  the  rails  of  each  rail- 
way track,  and  between  the  lines  of  double  track,  and  for  a  space  of  two 
feet  outside  of  said   tracks. 

'"^Examination    of    Company's    Books.      Audit. 

Section  82.  The  City  of  Modesto  liy  its  Auditfir,  Deputy  Auditor,  or  ac- 
countants  authorized   by   the   Auditor.  (ir   by   the   Council,   shall    have   the    riglit 


2t 

at  all  reasonable  times  to  examine  all  the  books,  vouchers  and  records  of 
anj'-  person,  firm  or  corporation  exercising  or  enjoying  any  franchise  or  privi- 
elge  granted  by  the  City,  for  the  purpose  of  verifying  any  of  the  statements 
of  gross  receipts  provided  for,  and  for  any  other  purpose  whatsoever  con- 
nected with  the  duties  or  privileges  of  the  City,  or  of  such  person,  firm  or 
corporation,  arising  from  this  Charter,  or  from  the  ordinance  granting  the 
franchise,  and  may  audit  the  same  at  the  end  of  each  year. 
Auntial   Reports   of   Company. 

Section  83.  Every  person,  firm  or  corporation  operating  any  busines.s 
under  a  franchise  granted  under  this  article  shall  file  annually  with  the  City 
Auditor  on  such  date  as  shall  be  fixed  by  the  Council  a  report  for  the  pre- 
ceding year. 

Such  report  Fhall  be  in  writing,  verified  by  the  affidavit  of  such  person 
or  persons,  or  officer  of  the  corporation,  as  the  Council  shall  direct,  and  and 
shall  contain  a  statement,  in  such  form  and  detail  as  shall  from  time  to  time 
be  prescribed  by  the  Council,  of  all  the  gross  receipts  arising  from  all  the 
business  done  by  said  person,  firm  or  corporation,  within  the  City  of  Modesto 
for  the  ye  ir  immediately  preceding  such  report.  Such  report  shall  contain 
such  furLlier  statements  as  may  be  required  by  tlie  Council  concerning  the 
ehaiacter  and  amount  of  bu.<?iness  done,  and  the  amount  of  receipts  and  ex- 
pen.'^es  connected  tlierewith.  and  also  tlie  amount  expended  for  new  con- 
structii.-n,  repairs  and  betterments  during  such  year. 
Payment. of  Gross  Receipts. 

Section  84.  The  stipulated  percentage  of  gross  receipts  shall  be  paid 
annually  at  the  time  of  filing  the  annual  report.  Failure  to  pay  such  per- 
centage shall  work  a  forfeiture  of  the  franchise.  The  provisions  as  to  the 
payment  of  gross  receipts  shall  apply  to  every  person,  firm  or  tiorporation 
using  or  operating  the  works  constructed  under  such  franchise. 
Forfeiture  for  Non-Compliance. 

Section  85.  Every  ordinance  granting  any  franchise  or  privilege  shall 
provide  for  the  termination  and  forfeiture  thereof  for  any  breach  or  failure 
to  comply  with  any  of  the  terms,  limitations  or  conditions  thereof,  and  in 
all  such  cases  the  Council  shall  have  power  to  declare  the  termination  and 
forfeiture  of  any  such  franchise  or  privilege,  the  same  as  though  in  each 
instance   such   power   was   expressly   reserved. 

Franeljfse  -\'ot  in  Vne  Forfeited. 

Section  86.  All  franchises  and  privileges  heretofore  granted  by  the  City 
vvliich  are  not  in  actual  use  or  enjoyment,  or  which  the  grantees  thereof  have 
not  in  good  faith  commenced  to  exercise,  shall  be  declared  forfeited  an'i 
invalid,  unless  such  grantees  or  their  assigns  shall,  within  six  months  after 
this  Charter  takes  effect,  in  good  faith  commence  the  exercise  and  enjoyment 
of  such    privilege   or   fraucluse. 

Manner   of   Grnntiuii;   and    Renewing   Franchises. 

Section  87.  No  exclusive  franchise  shall  ever  be  granted,  and  no  fran- 
chise shall  be  renewed  prior  to  one  year  before  its  expiration.  No  franchise 
shall  be  granted,  renewed  or  extended  except  by  ordinance,  and  no  such 
grant  or  franchise,  or  renewal  or  extension  thereof  shall  be  of  any  validity 
until  the  same  .'^liall  have  been  approved  by  a  majority  of  the  electors  voting 
thereon  at  a  general  or  special  election.  Said  election  shall  be  held  not  le.«-s 
than  fifteen  and  no  more  than  thirty  days  from  and  after  the  final  passage 
of  such  ordinance  by  the  Council  granting  such  franchise,  or  a  renewal  or 
an  extension  thereof.  It  shall  be  the  duty  of  the  Council  to  provide  for  said 
election.  Said  election  shall  be  held  in  all  respects  as  are  other  elections 
under  this  Charter,  relating  to  the  submission  of  ordinances  to  a  vote  of  the 
electors.     The   ballots   used   at  such   election   shall   read    as   follows: — 

P'or  the  Franchise,  Yes. 
For  the  Franchise,  No. 
stating  the  nature  of  the  franchise  ordinance  in  terms  sufficient  to  laentiiy 
it.  If  a  majority  of  the  qualified  electors  voting  on  said  proposed  franchise 
ordinance  shall  vote  in  favor  thereof,  such  ordinance  shall  become  a  valid 
and  binding  ordinance  of  the  CitJ^  and  said  franchise  shall  thereupon  become 
valid    and    effective.  -      , 

^—"^  ARTICLE  XII, 
THE  RECALL. 

Section  88.  The  holder  of  any  elective  office  may  be  removed  by  the 
qualified    electors. 

Metliod    of    Procedure. 

(1)  The  procedure  to  effect  the  removal  of  an  incumbent  of  an  elective 
office  shall  be  as  follows:  A  petition  signed  by  electors  qualified  to  vote  at 
a  municipal  election  in  said  City,  if  held  at  the  date  of  the  filing  of  said 
petition,  equal  in  number  to  at  least  fifteen  per  centum  of  the  entire  vote 
cast  at  the  last  preceding  general  municipal  election,  demanding  an  election 
to   determine   whether   or   not   said   officer   shall   be   removed   from   office,   shall 


he  addressed  to  and  filed  with  the  City  C  lerk,  and  said  petition  shall  contain 
a  general  statement  of  the  grounds  for  which  the  removal  is  sought,  in  not 
more  than  two  hundred  (200)  words,  which  statement  shall  not  be  open  to 
review. 

Signatures  to  Petition. 

(2)  The  signatures  to  the  petition  need  not  all  be  appended  to  one  paper, 
but  said  petition  may  be  presented  in  sections.  The  number  of  signatures  to 
each  section  shall  be  at  the  pleasure  of  the  person  soliciting  signatures  to 
the  same.  Any  qualified  voter  or  taxpayer  of  the  City  shall  be  competent 
to  solicit  said  signatures.  Eacli  section  shall  have  attached  thereto  the 
affidavit  of  the  person  soliciting  signatures  to  the  same,  stating  that  all  the 
signatures  to  the  attached  section  were  made  in  his  presence,  and  that  each 
signature  to  the  section  is  the  genuine  signature  of  the  peison  whose  name 
puT'ports  to  be  thereunto  subsciibed.  and  no  other  affidavit  thereto  shall  be 
required.  Each  signature,  the  genuineness  of  which  is  not  called  in  ques- 
tion by  the  sworn  affidavit  of  the  purported  owner  thereof,  shall  be  presumed 
to  be  genuine.  Until  it  be  proven  otherwise  by  official  investigation,  it  shall 
be  presumed  that  the  petition  presented,  contains  the  signatures  of  tlie  requi- 
site number  of  qualified  signeis,  and  conforms  to  all  other  legal  requirements. 
Each  signer  of  said  petition  shall  add  to  his  signature  his  place  of  residence, 
giving  the  street  and  number,  if  any,  or  a  description  which  will  enable  his 
place   of   residence   to   be   determined    and    his   occupation. 

(3)  Said  petition  shall  be  presented  to  the  City  Clerk  for  filing,  and, 
within  ten  days  from  the  date  of  the  presentation  of  such  petition,  the  Clerk 
shall  examine  and  ascertain  from  the  records  of  registration  whether  or  not 
said  petition  is  signed  by  the  requisite  number  of  electors  qualified  to  sign 
said  petition,  and  if  necessary  the  Clerk  may  employ  extra  help  for  that 
purpose,  and  the  Clerk  shall  attach  to  said  petition  his  certificate  showing 
the  result  of  said  examination.  If.  by  the  said  certificate,  the  petition  is 
shown  to  be  insufficient  as  to  the  number  and  genuineness  of  signatures,  it 
may  be  amended  by  additional  signatures,  within  five  days  from  the  date  of 
said  certificate.  Tlie  Clerk  shall,  within  five  days  after  such  amendment, 
make  like  examination  of  the  amended  petition,  and,  if  his  certificate  shall 
show  the  same  to  be  insufficient  in  the  same  particulars,  it  shall  be  returned 
to  the  person  presenting  the  same  without  prejudice,  however,  to  the  presen- 
tation  of  a  new  petition   to   the  same  effect. 

Recall   Blcotion. 

(4)  If  the  petition  shull  be  found  to  be  tsufficienl  as  to  the  number  and 
genuineness  of  signatures,  the  Clerk  shall  forthwitli  file  the  same  in  his 
office  and  a  special  election  shall  be  held  within  twenty  days  from  sai^-^filing 
to  determine  whether' the' electors  will  recall  said  officer.  All  arrangements 
for  said  election  shall  be  m.ade  and  the  same  shall  be  conducted,  returned, 
and  the  results  thereof  declared,  in  all  respects  as  are  all  other  municipal 
elections  provided  for  in  this  Charter,  except  as  in  this  section  otherwi.se 
proA'ided,  and  except  also  that  the  Clerk  shall  give  and  sign  tyie  notice  or 
proclamation  of  election,  appoint  the  election  officers,  and  designate  the  poll 
fng  place  in  each   election   precinct. 

Officer'N    JiiNtifleatioH. 

(5)  In  the  published  call  lor  the  election  there  shall  be  printed  In  not 
more  than  two  hundred  (200)  words  the  reasons  for  demanding  the  recall  of 
the  officer  as  set  forth  in  the  recall  petition  and  in  not  more  than  two  hundred 
(200)    words   the   officer   may  justify  his  course   in   office. 

Vittlnfi.      CanvsiNN    of    RetiirnM. 

(6)  At  such   recall  election,   the  ballots  shall   read: 

"Shall (naming  the  officer)    be   recalled?   Yes." 

"Shall (naming  the  officer)   be   recalled?  No." 

If  a  majority  of  the  electors  vofing  on  the  recall  of  the  officer  sought  to  be 
removed,  shall  vote  in  favor  of  such  recall,  said  officer  shall  thereupon  be 
deemed  removed  from  office  and  his  incumbencj;  thereof  shall  terminate  upon 
the  declaration  of  this  result  of  said  election  by  the  Canvassing  Board  thereof, 
'.n  the  published  call  for  said  election  the  Clerk  shall  name  three  disinterested 
electors  who  shall  act  as  a  Canvassing  Board  thereof.  It  shall  be  the  duty 
of  said  Canvassing  Board  to  canvass  tlie  returns  of  said  election  and  to  declare 
the  result  thereof  in  the  same  manner  and  with  the  same  force  and  effect  as 
otherwise  herein  provided  for  the  Canvassing  Boards  of  general  municipal 
elections. 

Blection  of  «weeeNs«r. 
{!)  Within  three  days  after  the  canvass  of  the  vote  of  said  election,  the 
Clerk  shall  issue  the  call  for  the  election  for  tlie  purpose  of  electing  a  suc- 
cessor to  the  officer  so  removed.  Said  election  shall  be  called  and  held  in  all 
respects  as  herein  before  provided  for  the  election  for  the  recall.  The  power 
and  duties  of  the  Clerk  shall  be  the  .'-ame  as  in  said  recall 'election.  Said 
election  shall   be  held  upon  notice  of  not  less  than   twenty   and   not   more  than 


23 

twenty-five  days,  and  said  election  shall  be  held  within  thirty  days  from 
the  date  of  the  canvass  of  the  vote  of  the  recall  election.  Nominations  shall 
be  made  in  the  manner  provided  in  Section  6  relating  to  the  nomination  of 
Councilmen,  except  that  petitions  for  nominations  shall  be  filed  in  the  office 
of  the  City  Clerk  at  least  ten  days  prior  to  the  date  of  the  holding  of  said 
election,  and  shall  contain  the  requisite  number  of  signatures  when  filed, 
without  power  of  amendment.  The  Clerk  shall  forthwith  determine  the  suf- 
ficiency as  to  the  number  and  genuineness  of  signatures  of  the  petition.  If 
the  same  be  insufficient  in  these  particulars,  it  shall  be  rejected,  and  if  suf- 
Bf^'ent.  thf>  name  of  the  nersor'  nominated  therein  shall  be  placed  upon  the 
official  ballot  as  a  candidate  for  the  office  for  which   he  was  nominated. 

All  the  provisions  of  sub-divisions  19,  20,  21  and  22  of  Section  6,  of 
Article  TV  of  this  Charter  shall  be  applicable  to  all  elections  held  under  this 
Section  to  fill  vacancies  caused  by  a  recall  of  an  officer,  except  that  the  second 
election,  if  necessary,  shall  be  held  one  week  after  the  first  election  and 
except  aJso  in  case  such  second  election  is  held  that  notice  of  the  same  shall 
be  given,  and  the  same  shall  be  held  in  all  respects  as  hereinbefore  provided 
In  this  Section  for  the  election  for  the  recall.  In  the  event  that,  by  reason 
of  the  recall,  there  shall  not  remain  in  office  a  majority  of  the  City  Council, 
it  shnll  be  the  duty  of  the  City  Clerk  to  appoint  qualified  persons  to  fill  such 
vacancies  until  the  election  and  qualification  as  herein  provided,  of  the  suc- 
cessors to  the  officers  recalled.  In  the  event  that  by  reason  of  the  recall, 
there  shall  not  remain  in  office  a  majority  of  the  Board  of  Education,  it  shall 
be  the  duty  of  the  Superintendent  of  Schools  of  Stanislaus  County  to  appoint 
qualified  persons  to  fill  such  vacancies  until  the  election  and  qualification  as 
herein  provided,  of  the  successors  to  the  officers  recalled. 
Diisqnalification  of   Recalled   Officer. 

(S)      No    person    recalled    under    the    provisions    of    this    Section    shall    be 
eligible   for  election    or  appointment   to   any   office   in    the  City  of  Modesto   for 
a  period  of  one  year  from  and  after  the  date  of  his  recall. 
New   Officer.      When   to  Qualify. 

(9)  F]very  person  elected  to  fill  a  vacancy  caused  by  the  recall  of  an 
elective  officer,  as  in  this  section  provided,  shall  within  four  days  from  the 
declaration  of  the  result  of  the  election  at  which  he  was  elected,  qualify  and 
assume  the  powers  and  duties  of  tiie  office  to  which  he  was  elected. 

ARTICl.E    XIII. 

THE  INITIATIVE. 
Section    89.     Any  proposed   ordinance  may  be   submitted   to  the  Council  bV 
a  petition  signed  by  qualified  electors  of  the  City  equal  in  number  to  the  per-^ 
centage    hereinafter    required.      The.  petition    shall    set    forth    a    copy    of    the 
proposed    ordinance. 

Si^natureM  to  Petition. 

(1)  The  signatures  to  the  petition  need  not  all  be  appended  to  on^ 
paper,  but  said  petition  may  be  presented  in  sections.  The  number  of  signa- 
tures to  each  section  shall  be  at  the  pleasure  of  the  person  soliciting  signa* 
tures  to  the  same.  Any  qualified  voter  or  taxpayer  of  the  City  shall  be 
competent  to  solicit  said  signaturr-s.  Each  section  shall  have  attache(? 
thereto  the  affidavit  of  the  person  soliciting  signatures  to  the  same,  stating- 
that  all  the  signatures  to  the  attached  section  were  made  in  his  presence, 
and  that  eacb  signature  to  the  section  is  the  genuine  signature  of  the  person 
v'hose  name  purports  to  be  tnerennto  subscribed,  and  no  other  affidavit 
thereto  shall  be  requ^rea.  Each  signature,  the  genuineness  of  which  is  not 
called  in  question  by  the  sworn  affidavit  of  the  purported  owner  thereof,  shall 
be  presumed  to  be  genuine.  Until  it  be  proven  otherwise  by  official  investi- 
gation, it  shall  be  presume;^  that  the  petition  presented,  contains  the  signa- 
tures of  the  requisite  number  of  qualified  signers  and  conforms  to  all  other 
legal  requirements.  Each  signer  of  said  petition  shall  add  to  his  signature 
his  place  of  residence,  giving  the  street  and  number,  if  any,  or  a  description 
which  will  enable  his  place  of  residence  to  be  determined,  and  his  occupation. 

Piling  and  Elxaniination  of  Petition. 

(2)  Said  petition  shall  be  presented  to  the  City  Clerk,  and,  within  ten 
days  from  the  date  of  the  presentation  of  such  petition,  the  ClerK  shall 
examine  and  ascertain  from  the  records  of  registration  whether  or  not  said 
petition  is  signed  by  the  requisite  number  of  electors  qualified  to  sign  said 
petition,  and,  if  necessary,  tne  Clerk  may  employ  extra  help  for  that  purpose, 
and  the  Clerk  shall  attach  to  said  petition  his  certificate  showing  the  result 
of  said  examination.  If,  by  the  said  certificate,  the  petition  is  shown  to  be 
insufficient,  as  to  the  number  and  genuineness  of  the  signatures,  it  may  be 
amended  by  additional  signatures  within  five  days  from  the  date  of  said 
certificate.  The  Clerk  shall,  within  five  days  after  such  amendment,  make 
like  examination  of  the  amended  petition,  and,  if  his  certificate  shall  show 
the  same  to  be  insufficient  in  the  same  particulars,  it  shall  be  returned  to 
the  person  presenting  the  same   without  prejudice,   however,   to   the  presenta- 


tlon   of   a  new  petition   to   the   same   effect.      If   the   petition   shall   be   foun<l    to 
be   sufficient,   the  Clerk  shall  forthwith   file   the  same  with   the  Council. 

Initiative  FJlection. 
C3)  If  the  petition  accompanying  the  proposed  ordinance  be  signed  by 
qualified  electors  equal  in  number  to  fifteen  per  centum  of  the  entire  vote 
oast  at  the  last  preceding  general  municipal  election,  the  Council  must,  with- 
out alteration,  submit  the  proposed  ordinance  to  the  electorate  at  the  nexi 
general  municipal  election  that  shall  occur  at  any  time  after  twenty  days 
from  the  date  of  the  Clerk's  certificate  of  sufficiency.  But  if  such  petition  Is 
signed  by  qualified  electors  equal  in  number  to  twenty-five  per  centum  ot 
said  vote  and  contains  a  request  that  such  proposed  ordinance  be  submitted 
to  a  vote  of  the  people  at  a  special  municipal  election,  then  the  Council  must, 
without  alteration,  l  ubmit  the  same  to  the  electorate  at  a  special  munJcipai 
<^lection  to  be  called  and  held  within  sixty  days  from  the  filing  of  such 
petition. 

luitiative   BallutH. 

(4)  The  ballots  u.sed  when  voting  upon  such  proposed  ordinance  shall 
contain  the  words  or  words  similar  thereto:  "For  the  ordinance,"  and  "Against 
the  ordinance"'  (stating  the  nature  of  the  proposed  ordinance  in  terms  suf- 
ficient to  identify  it).  If  a  majority  of  the  qualified  electors  voting  on  said 
proposed  ordinance  shall  vote  in  favor  thereof,  such  proposea  ordinance  shall 
become   a   valid   and    binding   ordinance   of   the   City. 

Several    Or«lioauees   at    One    Ii:iection!4. 

(5)  Tlie  Council  may  also  piopo<^e  and  submit  at  said  election  any  ordi- 
nance to  the  electoi-s,  a«nd  such  ordinance,  upon  receiving  a  majority  of  tlie 
votes  of  the  electors,  voting  tliereon,  shall  be  deemed  to  have  been  adopted 
and  shall  be  tlie  valid  and  binding  ordinance  of  the  City.  Any  ordinance 
adopted  by  the  electors  under  the  provisions  of  this  Section  cannot  be  re- 
pealed or  amended,  e.Kcept  by  a  vote  of  the  electors  obtained  in  the  manner 
hereinbefoT-e    stated,    unless   such    ordinance   shall    otherwise    provide. 

Limit   to   «<i)ecial   Election. 

(6)  Any  number  of  proposed  ordinances  may  be  voted  upon  at  the  same 
election  in  accordance  with  the  provisions  of  this  section;  provided,  that  there 
shall  not  be  held  under  this  section  of  the  Charter  more  than  one  special 
election    at    any    period    of    twelve    months. 

Pubiientiou   of   I»opiilar   Ordinanee. 

(7)  Whenever  any  ordinance  or  proposition  is  required  by  this  Charter 
to  be  submitted  to  the  voters  of  he  City  at  any  election,  the  Council  shall 
cause  the  ordinance  or  proposition  to  be  printed  and  it  shall  be  the  duty  of 
the  Clerk  to  enclose  a  printed  copy  thereof  in  an  envelope  with  a  sample 
ballot  and  mail  the  same  to  each  voter,  at  least  three  days  prior  to  the  elec- 
tion, and  the  Council  may  also  order  such  ordinance  or  proposition  to  be 
printed  in  the  official  newspaper  of  the  City  and  published  in  like  manner 
as   ordinances  adopted   by   the  Council   are   required   to  be  published. 

ARTICLE    XIV. 

THE   REFERENDUM. 
-Mode    of    Prote.sting:    A^ain.'^t    Ordlnauees. 

Section  90.  No  ordinance  passed  by  the  Council  shall  go  into  effect  before 
fifteen  days  from  the  time  of  its  final  passage  except  when  otherwise  t^quired 
by  the  general  laws  of  the  State  or  by  the  provisions  of  this  Chai  r.r.  and 
except  the  ordinance  making  the  annual  tax  levy,  and  except  an  ordinance 
for  the  immediate  preservation  of  the  public  peace,  health  or  safety,  which 
contains  a  statement  of  its  .urgency,  and  is  passed  by  a  four-fifth  vote  of  the 
Council;  provided,  that  no  grant  of  any  franchise  shall  be  construed  to  be 
an    urgency   measure. 

If,  during  said  fifteen  days,  a  petition  signed  by  qualified  electors  of  the 
City  equal  in  number  to  at  least  fifteen  percontum  of  the  entire  vote  cast  at 
the  last  preceding  general  municipafelection,  protesting  against  the  passage 
of  such  ordinance,  be  presented  to  the  CounciL  the  same  shall  thereupon  be 
^suspended  from  going  into  operation,  and  it  shall  be  the  duty  of  the  Council  to 
reconsider  such  ordinance,  and,  if  tlie  same  be  not  entirely  repealed,  the 
Council  shall  submit  the  ordinance  to  the  vote  ^.f  the  electors  of  the  City,  at 
a  special  election  to  be  called  for  that  purpose,  and  such  ordinance  sliall  not 
go  into  effect  or  become  operative  unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in   favor  thereof. 

The  form  of  such  petition,  signatures,  verification  and  duties  of  the  Clerk 
In  respect  thereto  provided  in  Section  89  shall  apply  to  petitions  for  the 
referendum. 

All   the  proceedings   relative   to   the   submission   of  ordinances   by   Initiative 
shall   apply   to   ordinances   submitted    by    a   referendum    petition,   and    the    vote 
thereon  shall   be  of  the  same  force  and  effect  as   provided  in   Section   89. 
Reference  of  Measures  to  Popular  Vote. 

Sdctlon    91.      Any    ordinance    or    measure    that    the    Council    or    the    qualified 


25 

electors  of  the  City  shall  have  authority  to  enact,  the  Council  may  of  its 
own  motion  submit  to  the  electors  for  adoption  or  rejection  at  a  general  or 
special  municipal  election,  in  the  same  manner  and  with  the  same  force  and 
effect  as  is  provided  in  this  Charter  for  ordinances  or  measures  submitted  on 
petition.  At  any  special  election  called  under  the  provisions  of  this  Charter, 
there  shall  be  no  bar  to  the  submission  of  other  questions  to  a  vote  of  the 
electors  in  addition  to  the  ordinances  or  measures  herein  provided  for,  if  said 
other  questions  are  such  as  may  legally  be  submitted  at  such  election.  If 
the  provisions  of  two  or  more  measures  approved  or  adopted  at  the  same 
election  conflict,  then  the  measure  receiving  the  highest  affirmative  vote 
sliall   control. 

Pennl  Eilectlon   Laws  Applicable. 
Section    92.     All    the    penal    laws    of    the    State    of    California,    relating    to 
ttlections,   shall  apply  to  all  elections  held  under  this  Charter. 

ARTICI.K    XV. 

POLICE    COURT, 

.Section  93.'  There  is  hereby  created  in  and  for  the  City  of  Modesto  a 
court  which  sJiall  be  known  as  the  Police  Court  of  the  City  of  Modesto. 
«aifl  Court  shall  consist  of  one  judge,  who  shall  be  appointed  by  the  Council 
ancl  who  shall  serve  during  its  pleasure  and  who  shall  receive  such  compensa- 
tion  as  the  Council  shall   determine.  •**• 

Section  94.     Said  court  shall   have  exclusive  jurisdiction: 

(1)  In   all   prosecutions   for  violations  of  the  City  ordinances. 

(2)  In  all  action.s  for  the  recovery  of  any  fine,  penalty  or  forfeiture,  and 
the  enforcement  of  any  obligation  or  liability  prescribed  or  created  by  the 
City  ordinances  and  in  which  the  sum  sued  for  does  not  amount  to  three 
lu^n(^^el^    dollars.  * 

Section  95.  Within  the  City  limits  said  Cpurt  shall  have  concurrent  and 
co-ordinate  jurisdiction  with  township  justice  courts  in  all  matters  and  things 
in  which  said  justice  courts  now  or  may  hereafter  have  jurisdiction;  and  the 
judge  of  said  police  court  shall  have  as  aforesaid  like  authority,  power  and 
jurisdiction  as  the  justices  of  said   justice  courts. 

Section  96.  Appeals  may  be*  taken  to  the  Superior  Court  of  the  State  of 
California,  in  and  for  the  County  of  Stanislaus,  from  the  judgments  and 
orders  of  said  police  court,  in  all  cases  in  which  appeals  now  are  or  may 
hereafter  be  provided  by  law  to  be  taken  to  said  Superior  Court  from  said 
justice   courts    and   police   courts. 

Section  97.  In  all  proceedings  in  and  appeals  from  said  police  court,  the 
pleadings,  practice,  procedure  and  laws  now  applicable  or  that  may  hereafter 
be  made  applicable  to  said  justice  or  police  courts,  are  hereby  adopted  and 
made  applicable  to  said  police  court. 

Section  98.  All  fines  and  other  moneys  received  or  collected  by  the  Judge 
of  said  police  court  for  or  on  account  of  the  City  of  Modesto  shall  immediately 
be  paid   into   the  City   treasury. 

Section  99.  All  actions  and  proceedings  pending  and  undetermined  in  the 
existing  recorder's  court  of  the  City  of  Modesto  shall  be  proceeded  with, 
heard,  tried  and  determine  in  said  police  court  hereby  provided  for,  before 
said  judge,  the  same  as  if  said  action  or  proceedings  had  been  originally  com- 
menced in  said  police  court. 

Section  100.  Nothing  in  this  Charter  shall  be  so  construed  as  to  prevent 
a  justice  of  the  peace  from  holding  the  office  of  police  judge. 

Section  101.  The  Judge  of  the  Police  Court  shall  keep  a  record  of  the 
proceedings  of  the  Police  Court  in  all  matters  and  cases  before  said  court. 
Separate   dockets   shall   be   kept   for   civil   and   criminal    cases. 

Section    102.     The   City   shall    furnish    for  said   court   a   suitable   court   room 

and    office    and    the    necessary    dockets    and    all    blanks    and    other    books    and 

K^^  stationery    necessary    in    tlie    transaction    of    its    business    and    the    said    court 

[^^K  shall   always  be   open   for  the   transaction   of  business,   except  on  Sundays  and 

^^■[  other   non-judicial    days. 

^^B.  Section  103.     The  Chief  of  Police  of  the  City  of  Modesto  shall  execute  and 

^^H:  return  all  processes  i^uing  from  the  Police  Court  and  all  orders  of  the  Police 

^^H  Judge.      The   Chief   of    Police   shall    enforce    the   execution    of   all   the    laws   and 

^^H  ordinances  within   the  jurisdiction  of  the  City;  and  for  the  suppression  of  any 

^^^K  riot,   public   tumult,   distui'bance  of  the   peace  or   resistance   against   the   law   or 

^^H  public  authorities  in   the  lawful  exercise  of  their  functions,   he  shall  hav€    the 

^^H  powers  that  are  now  or  may  be  hereafter  conferred   upon  sheriffs  by  the  laws 

^^^K  of  this  .state,  and  shall   in  all   respects  be  entitled  to  the  same  protection,  and 

^^^^B  his  lawful  orders  shall   be  executed  by  deputies,  police  officers  and  watchmen 

^^^^B  in  the  City  of  Modesto,  and  every  citizen  shall  also  lend  aid  when  required  for 

^^^^B  the    arrest   of   offenders    in    the    maintenance    of   public    order.      It   shall    be    the 

^^^H  duty  of  the  Chief  of  Police  to  prosecute  before  the  Police  Judge  all   breaches 

^^^H  or  violations  of  or  non-compliance  with  any  City  ordinance  or  law  within  the 

^^^H  jurisdiction  of  the  Police  Judge,  which  has  come  to  his  knowledge.     The  Chief 

^^^H_         of  Police  shall  have  charge  of  the  City  prison  and  prisoners  and  of  any  chain 

■i 


26 

gang  which  may  be  established  by  the  Council.  He  shall  devote  his  entire 
time  to  the  discharge  of  the  duties  of  his  office,  and  subject  to  such  rules  and 
regulations  as  the' Council  may  prescribe,  sha.ll  have  control  of  the  police  force. 
He  shall  have  power  to  suspend  or  remove  any  member  of  the  Police  force  for 
disobedience  of  any  lawful  order,  for  violation  of  rules  and  regulations  of 
the  Police  Department,  and  for  neglect  of  duty,  or  for  conduct  unbecoming 
a  member  of  the  police  force.  fie  shall  immediately  file  with  the  Mayor 
written  charges,  specifying  the  gi-ounds  upon  v/hich  such  suspension  or  re- 
moval is  made.  In  addition  to  the  duties  in  this  Charter  specified,  the  Chief 
of  Police  shall  discharge  all  the  duties  required  of  him  by  ordinance  o,f  the 
City  or  resolution  of  tlie  Council,  or  by  law,  or  by  the  provisions  of  this 
Charter. 

article  xvi. 

educ'ational  department. 

Section  104.  The  School  Department  of  the  City  of  Modesto  shall  com- 
prise all  the  schools  within  the  City  of  Modesto,  the  Mo<lesto  School  District, 
and  all  territory  that  is  now  or  may  liereafter  be  annexed  thereto  for  school 
purposes,  and  shall  be  known  as  "Modesto  City  School  District,"  which  shaii 
succeed  to  all  the  obligations,  property,  rights,  and  privileges  of  the  Modesto 
School  District.  It  shall  consist  of  Primary,  Grammar,  and  High  scnools  ,as 
now  established  or  tliat  may  hereafter  be  established,  and  may,  at  thft  dis- 
cretion of  the  Board  of  Education,  include  technical,  industrial,  kindergarten 
anu  ~>ight  schools;  provided,  that  no  school  money  siiall  be  used  for  technical, 
industrial,  or  night  schools,  or  kindergarten  when  such  use  would  prevent 
the  Board  of  Education  from  maintaining  primary,  grammar  and  high  schools 
for   ten   months    in   each   school-year. 

Section  105.  All  territory  included  within  the  limits  of  the  Modesto  City 
Sch<Kil  District  (ir  thait  -nay  hereaftt^i*  h<^  incluied  witliin  such  limits,  but  nol 
within  the  City  limits,  shall  be  deemed  a  part  of  said  City  f(»r  the  purpose 
of  holding  the  general  municipal  elections  and  shall  constitute  one  or  more 
separate  election  precincts,  and  the  qv»alified  electors  therein  shall  vote  only 
for  members  of  the  Board  of  Education  and  on  questions  submitted  to  a  vote 
of  the  people  at  special  or  general  elections  pertaining  to  school  matters;  and 
said  outside  territory  shall  be  deemed  a  part  of  said  City  for  all  matters  con- 
nected with  the  school  department  and  with  the  levying  and  \;ollecting  of  all 
taxes    for   school    purposes^ 

Section  lOG.  Tlie  government  of  tiie  school  department  of  the  City  shall 
be  vested  in  a  F:5o;;rJ  ui  Euui;uti..n  which  shall  consist  of  five  members,  to  be 
elected  from  the  school  district  at  large,  as  herein  provided,  to  be  called 
members  of  the  Board  of  Education,  who  shall  serve  without  compensation; 
provided,  that  the  present  Modesto  School  District  as  above  named  in  Section 
104  shall  continue  as  such  until  the  election  and  qualification  of  the  first 
members  of  the  Board  of  Education  elected  at  large.  The  members  of  this 
Board  shall  be  elected  at  the  first  general  municipal  election  held  under  this 
Charter.  At  their  first  meeting  the  members  so  electe  1  shall  so  classify 
themselves  by  lot  that  two  of  the  members  shalDgo  out  of  office  on  the  first 
Monday  in  May.  nineteen  hundred  thirteen,  and  tliree  on  the  first  Monday  in 
May,  nineteen  hundred  fifteen,  and  thereafter  said  members  shall  hold  office 
for  a  period  of  four  years,  and  until  their  successors  are  elected  and  ha\e 
qualified.  At  the  second  geneial  n\unicipal  election  held  under  this  Charter 
two  members  shall  be  elected,  a,nd  at  the  tliird  general  municipal  election 
three  members,  to  fill  the  places  of  those  members  whose  terms  expire,  and 
thereafter,  alternating,  two  and  three  shall  be  elected  at  the  succeeding 
general   municipal   elections. 

Section  107.  No  person  shall  be  eligible  to  become  a  member  of  the  Board 
of  Education  who  is  not  at  least  twenty-five  years  of  age  and  wlio  has  not 
been  a  resident  of  the  Modesto  City  School  District  for  the  two  years  next 
preceding   the   day   of   his   election. 

Section  108.  The  officers  for  all  elections  called  by  the  Board  of  Educa- 
tion shall  receive  not  more  than  three  dollars  each  as  ccuiipensation  for  their 
services. 

Section  109.  Members  of  the  Board  of  Education  shall  enter  upon  the  dis- 
charge of  the  duties  of  office  upon  the  first  Monday  in  May  after  their  election, 
and  shall  meet  upon  that  day  and  organize  by  choo.dng  one  of  their  members 
as  President  who  shall  serve  as  President  for  one  year,  provided  that  the 
members  of  the  Board  of  Education  first  elected  under  this  Charter  shall  take 
office  on  the  first  day  of  July  succeeding  their  election. 

Vacancies  in  the  Board  of  Education  shall  be  filled  for  the  unexpired 
term  by  the  remaining  members  of  the  Board,  and,  if  there  be  less  than  a 
majority  of  such  board  remaining  in  office,  then  such  appointment  shall  be 
made  by   the  Superintendent  of   Schools   of   Stanislaus   County. 

The  Board  of  Education  shall  hold  a  regular  meeting  at  least  once  eacli 
month.     Special   meetings  may   be   called   by   the   President,   or   by    the   written 


request  of  three  members,  but  no  business  shall  be  transacted  at  such  meet- 
ings that  has  not  been  distinctly  stated  in   the  call. 

A  majority  of  the  members  of  the  Board  of  Education  shall  constitute  a 
quorum,  but  a  vote  of  three  members  shall  be  required  for  passing  all  orders 
for  the  expenditure  of  moneys,  foi'  the  election  of  appointive  officers,  and  for 
the  election  of  teachers. 

The  sessions  of  the  Board  shall  be  public  and  its  minutes  open  to  inspec- 
tion. The  Board  may  determine  its  rules  of  procedure,  but  the  ayes  and 
noes  shall  be  taken  and  recorded  when  demanded  by  any  member,  and  they 
shall  be  taken  and  recorded  on  all  questions  involving  elections  and  appoint- 
ments or  the  expenditure  of  money.  All  warrants  shall  be  signed  by  the 
President,  or  the  president  pro  tern,  when  acting  for  him,  and  by  the  Secretary 
of    the    Board. 

Section  110.  The  powers  and  duties  of  the  Board  of  Education  are  as 
follciws: 

(1)  To  establish  and  maintain  public  schools  as  herein  provided,  to 
change,  consolidate  and  discontinue  the  same  and  to  establish  boundaries 
for  each  or  any  school  building  or  any  grade  or  grades  in  each  or  any  school 
building,  within  which  boundaries  pupils  must  attend  their  respective  build- 
ings   or    grades. 

(2)  To  manage  and  control  the  school  property,  including  the  power 
to  grade,  fence  and  improve  all  school  lots  and  the  sidewalks  and  the  streets 
bordering  the  same;  to  select  plans  for  school  houses  and  erect,  contract  for 
and  to  supervise  and  control  the  construction  of  the  same;  to  alter,  repair, 
rent  and  provide  school  houses  and  to  furnish  the  same  with  proper  school 
furniture,  apparatus  and  appliances  and  to  provide  the  same  with  fire  escapes, 
fuel,  lights,  water  and  all  necessary  supplies;  to  insure  the  same,  including 
the  contents,  against  fire,  and  to  incur  such  other  incidental  expenses  as 
may    be   deemed   necessary. 

(3)  To  take  and  hold  in  fee  or  otherwise,  in  trust  for  the  Modesto  City 
School  District,  any  real  estate  and  personal^roperty  that  may  have  been  ac- 
(luired  or  may  hereafter  be  acquired  by  purchase,  bequest  or  donation,  for 
the  use  and  benefit  of  the  public  schools  of  said  Modesto  City  School  District 
or  for  any  educational  purpose;  to  dispose  of,  at  public  or  private  sale,  such 
personal  property  as  shall  be  no  longer  required  by  the  department,  and  to 
sell,  exchange  or  lease  any  of  such  property;  and  to  make  in  the  name  of 
said  Modesto  City  School  District,  conveyances  of  real  property  sold  under 
the  provisions  hereof;  provided,  that  the  proceeds  of  any  such  sale  or  ex- 
change of  real  property  shall  be  exclusively  applied  to  the  purchase  of  other 
lots  for  school  purposes  or  to  the  erection  of  school  houses,  and  provided 
further,  that  such  sale  or  exchange  of  real  property  be  ratified  by  a  majority 
vote  of  the  qualified  electors  of  said  Modesto  City  School  District  voting 
thereon    at   a    general    election    or   at    a    special    election. 

(4)  Te  receive  and  manage  property  or  money  acquired  by  bequest  or 
donation  in  trust  for  the  benefit  of  any  school,  educational  purpose,  or  school 
property,   including   gymnasiums,   museums,   and   athletic   parks,   or   grounds. 

(5)  To  sue  for  any  and  all  property  belonging  to,  or  claimed  by  the 
Board  of  B^ducation  for  the  Modesto  City  School  District,  and  to  prosecute 
and  defend  all  actions  at  law  or  equity  nc^essarj'^  to  recover  and  maintain 
the  full  enjoyment  and  possession  of  said  property,  and  to  require  the  ser- 
vices of  the  City  Attorney  therefor  without  compensation,  and,  when  desir- 
able, to  employ  other  or  additional  counsel.  The  City  Attorney  shall  be  the 
legal    adviser    of    the    Board    without    compensation. 

(6)  To  discharge  all  legal  incumbrances  now  existing  or  which  may 
hereafter  exist,  upon  any  school  property  within  the  Modesto  City  School 
i:)isf.rict. 

(7)  The  Board  of  Education  shall,  at  the  same  meeting  at  which  it  elects 
its  President  in  each  year,  appoint  a  Secretary,  who  shall  not  be  one  of  their 
own  number,  and  shall  prescribe  the  duties  and  fix  the  salary  of  such  Secre- 
tary who  shall   hold  office  during  the  pleasure  of  the  Board. 

(8)  The  Board  of  Education  shall  determine  annually  the  amount  of 
.•school  tax  necessary  for  the  maintenance  of  public  schools  and  for  carrying 
into  effect  all  provisions  of  law  regarding  the  same,  and  the  amount  so 
determined  by  said  Board  of  Education  shall  be  reported  in  writing  to  the 
Board  of  Supervisors  of  Stanislaus  County  on  or  before  the  first  day  of  August 
in  each  year.  This  report  shall  specify  the  proper  items  and  the  amount  of 
money  required  for  each,  in  addition  to  state  and  county  school  money, 
to  maintain  primary  and  grammar  schools,  the  amount  required  for  high 
.^■chool  purposes,  and  the  amount  required  for  other  public  schools  of  the 
Modesto  City  School  District  as  are  then  established,  and  the  amount  that 
will  be  required  to  pay  all  fixed  and  incidental  expenses,  including  the  re- 
pairing of  school   buildings   and   the   improving  of  school   grounds. 

(9)  The  Board  of  Supervisors  of  Stanislaus  County  is  hereby  author- 
ized and  required  to  levy  and  the  tax  collector  of  said  county  to  collect  as 
school   tax   the   amount    required   by   the   Board    of   Education. 

iW)      The    Board    of    Education   may,    wiien    in    their   judgment    it    is    advis- 


28 

able,  call  an  election  and  submit  to  the  electors  of  the  Modesto  City  i^chool 
District  the  question  whether  a  tax  shall  be  levied  to  furnish  additional 
school  facilities  for  said  district,  or  for  building  one  or  more  school  houses, 
or  for  any  or  all  of  these  purposes.  Such  elections  shall  be  called  an'd  the 
moneys  employed  in  accordance  with  the  general  laws  of  the  State  governing 
elections   for  district   school   tax. 

vii)  The  Board  of  BMucation  may,  when  In  their  Judgment  it  is  advis- 
able and  must,  when  petitioned  by  a  majority  of  the  heads  of  families  resid- 
ing in  the  district,  as  shown  by  the  last  school  census,  call  an  election  and 
submit  to  the  electors  of  the  district  whether  the  bonds  of  such  district  shall 
be  issued  and  sold  for  the  purpose  of  raising  money  to  purchase  school 
property,  and  for  the  building  of  one  or  more  school  houses,  for  insuring  the 
same  and  supplying  the  same  with  furniture  and  necessary  apparatus,  and 
for  improving  the  grounds,  and  ror  liquidating  any  indebtedness  already  in- 
curred for  such  purposes,  and  for  refunding  any  outstanding  valid  indebted- 
ness  evidenced   by   bonds   or   w^arrants   thereof. 

(12)  All  moneys  raised  fpr  school  purposes  shall  be  paid  into  the 
County  Treasury  of  Stanislaus  County  to  the  proper  school  fund  of  said 
Modesto  <2ity  School  District  and  shall  be  drawn  out  in  the  same  manner  as 
f-'tate  and  county  moneys  apportioned  to  the  Modesto  City  School  District  are 
drawn. 

(13)  To  employ  and  dismiss  the  superintendent  of  schools  and  such 
teachers,  janitors,  school  census  marshals,  truant  officers,  and  such  other 
persons  as  may  be  necessary  to  carry  into  effect  the  powers  and  duties  of  the 
Board;  to  prescribe  the  duties  to  be  performed  by  all  such  employees,  and  to 
fix,  alter,  allow  and  order  paid  their  salaries  or  compensation,  and  to  with- 
hold for  good  and  sufficient  cause,  the  whole  or  any  part  of  the  salary  or 
compensation  of  any  person  or  persons  employed  as  aforesaid;  provided, 
that  no  teacher  shall  be  dismissed  during  the  school  year  without  good  and 
sufficient  cause;  and  provided  further,  that  the  Board  shall  notify  in  writing 
on  or  before  the  first  day  of  June  of  each  year  all  teachers  whose  services 
will  not  be  required  for  the  ensuing  year. 

(14)  To  prescribe  the  course  of  study  for  the  several  schools;  to  make 
suitable  rules  and  regulations  for  the  promotion  of  pupils  from  primary  and 
grariimar  schools  and  high  schools,  and  in  the  name  of  the  Modesto  City 
School  District  to  grant  diplomas  to  pupils  who  have  completed  the  respective 
courses  of  study  of  the  schools  therein. 

(15)  To  prohibit  any  child  under  six  years  of  age  from  Attending  the 
public  schools,  e.xcept  where  kinlergartens  are  established,  and  to  fix  the 
age  at  which  oliildren  may  attend  the  kindergarten  at  not  less  than  five 
years. 

(16)  To  admit  non-resident  children  to  any  department  of  the  schools 
at  their  discretion,  on  the  payment  within  the  school  year  at  such  time  as 
the  Board  may  direct,  of  tuition  fees  not  less  in  amount  than  the  per  capita 
cost  per  pupil  per  year,  based  on  the  average  attendance  for  the  previous 
year. 

(17)  To  furnish  books  to  children  of  parents  unable  to  furnish  them,  but 
the  books  so  furnished  shall  belong  to  the  Modesto  City  School  District  and 
shall   be  returned  to  the  Superintendent  at  the  end   of   each   term  of  school. 

(18)  The  Board  of  Education  shall  elect  a  Superintendent  of  Schools, 
who  sliall  be  a  practical  educator  of  not  less  than  five  years  successful 
experience  in  teaching;  such  superintendent  shall  serve  for  a  term  of  two 
yeai-s  from  and  after  the  day  of  his  election.  He  shall  not  engage  in  any 
onc-upaticn  or  undertaking  that  will  interfere  directly  or  indirectly  with 
the  performa,nce  of  the  duties  of  his  office,  and,  while  he  holds  said  office,  he 
shall  not  be  a  candidate  for  any  elective  office  in  Stanislaus  County  or  the 
State    of   California. 

(19)  The  Superintendent  shall  be  the  executive  officer  of  the  Board 
of  Education  and  shall  enforce  all  rules  and  regulations  adopted  by  the 
Board,  and  perform  such  other  duties  as  the  Board  shall  designate.  He  shall 
have  general  supervision  of  the  schools  and  direct  the  methods  of  instruction 
therein;  and  his  decision  in  all  school  matters  witliin  his  jurisdiction  shall 
be    final,   unless   formally   overruled    by    the   Board    of    Education. 

The  Superintendent  shall  assign  duly  elected  tea(;hers  to  such  grades 
and  schools-  as  he  shall  deem  best  for  the  schools  and  he  shall  designate  the 
duties  of  the  various  teachers,  but  no  such  assignment  or  designated  duty 
shall  conflict  with  a  general  rule  of  tlie  Board  and,  further,  the  Board  may 
by  a  vote  of  four  members,  change  any  assignment.  He  shall  have  full 
direction  of  the  classification  and  promotion  of  pupils  and,  under  the  rules 
of  the  Board,  of  the  discipline  of  the  schools.  He  shall  call  such  general  and 
special  meetings  of  the  teachers  as  he  shall  deem  advisable  for  carrying  into 
effect  the  directions  of  the  Board  and  Superintendent  and  for  the  instruction 
of  the  teachers  in  the  science  and  art  of  teaching,  and  he  shall  enforce  at- 
tendance on  such  meetings  according  to  rules  approved  by  the  Board.  He 
shall,  at  the  regular  meeting  in  the  month  of  June  of  each  year,  submit  to 
the   Board   a   detailed    statement    of    the   amount,   as    nearly   as   may   be   ascer- 


29 

tained,  of  fuel,  blanks,  school  stationery,  books  for  indigent  children,  library 
books,  apparatus,  and  such  other  school  supplies  as  may  be  necessary  for 
the  City  schools  and  the  Board  for  the  following  year.  He  shall  annually,  and 
oftener  when  desired,  make  a  full  report  of  the  condition  of  ^the  schools 
under  his  jurisdiction,  and  shall  make  such  recommendations  as  he  shall  deem 
best. 

Section  111.  The  Secretary  of  the  Board  of  Education  shall  keep  a  true 
record  of  the  proceedings  of  the  Board  and  a  correct  account  of  the  expendi- 
tures allowed  by  it,  and  for  what  purpose,  so  that  he  can  at  any  time  make 
an  exhibit,  in  the  aggregate  and  in  detail,  of  the  outlays  for  the  schools. 
He  shall  be  the  general  custodian  of  all  books,  papers  and  documents  be- 
longing to  the  Board.  He  shall,  in  June  of  each  year,  make  to  the  Board  of 
Education  a  full  and  detailed  report  of  the  receipts  and  expenditures  of  the 
department  and  the  amounts  paid  respectively,  for  teachers,  janitors,  rents, 
repairs,  lands,  buildings,  furniture,  apparatus,  stationery,  fuel  and  other 
expenses.  He  shall  perform  such  other  duties  as  tlie  Board  may  require  of 
him. 

SectioJi  112.  All  other  matters  pertaining  to  the  school  department  of 
said  Modesto  City  School  District  not  specifically  provided  in  this  Charter, 
«hall   be  governed   by  the  general   School   Law  of  the  State  of  California. 

ARTICLE     XVII. 

AMENDMENTS. 

Section  113.  This  Charter  may  be  amended  at  intervals  of  not  less 
than  two  years  by  proposals  therefor,  submitted  by  the  Council  to  the  quali- 
fied electors  of  the  City  at  a  general  or  special  election,  held  at  least  forty 
days  after  the  publication  of  such  proposals  for  twenty  days  in  a  daily  news- 
paper of  general  circulation  in  said  City  and  ratified  by  a  majority  of  the 
electors  voting  thereon,  and  approved  by  the  legislature  as  provided  in  the 
constitution  of  the  State  of  California.  Whenever  fifteen  per  centum  of  the 
qualified  voters  of  the  City  shall  petition  the  Council  to  submit  any  pro- 
posed amendment  or  amendments  to  this  Charter  to  the  qualified  voters 
thereof  for  approval  the  Council  must  submit  the  same.  In  submitting  any 
such  amendment  or  amendments  to  the  Charter  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of  the  voters  and  may  be  voted 
on   separately  without  prejudice   to   the  others. 

Section  114.  The  petition  herein  provided  for  must  be  made,  presented, 
examined,  and  certified  to  in  the  manner  and  form  required  for  petitions  in 
Section    89,    Article    XIII    of    this    Charter. 

Section  115.  The  Council  must  make  all  necessary  provisions  for  submit- 
ting proposed  amendments  to  the  electors,  and  shall  canvass  the  votes  in 
the   same   manner  as   in   other   elections. 

!-;efiion  1 1  fi.  The  ballot.'^  used  at  .^uob  elections  sh.al]  contain  the  words. 
"For  the  Amendment"  and  "Against  the  Amendment"  (stating  the  nature 
of   the  proposed   amendment). 

ARTICI.P:     XVIII. 

MISCELLANEOUS. 

When    this    Charter    Takes    Kft'ect. 

Section  117.  For  the  purpose  of  the  qualification  and  of  the  nominating 
'^f  candidates  and  electing  Mayor,  Councilmen  and  Members  of  the  Board  of 
''•lucation  in  accordance  with  this  Charter,  this  Charter  shall  take  effect 
irom  Ih'^  time  of  the  approval  of  the  same  by  the  legislature;  for  ail  other 
purposes  it  shall  take  eiTect  on  the  first  day  of  Julr,  1911. 
First  Election  Under  This  Ciiarter. 

Section  118.  The  Board  of  Trustees  of  the  City  of  Modesto  in  office  at 
the  time  this  Charter  is  approved  by  the  legislature  shall  provide  for  the 
holding  of  the  first  election  of  officers  under  this  Charter,  shall  canvass  the 
votes,    and   declare    the    result. 

Terms   of  Incumbents   in    Office. 

Section  119.  The  members  of  the  Board  of  Trustees  and  all  other  elective 
officers  of  the  City  of  Modesto  in  office  at  the  time  of  the  approval  of  this 
Charter  by  the  legislature  shall  continue  to  hold  office  and  discharge  their 
duties  until  the  election  and  qualification  of  the  Mayor,  Councilmen  and 
Members  of  the  Board  of  Education,  respectively,  first  elected  under  this 
Charter. 

The  term  of  each  of  all  the  other  officers  in  office  at  the  time  this 
Charter  takes  effect  shall  cease  and  terminate  when  the  Council  first  elected 
hereunder  shall   by   resolution   so   declare. 

Existinj?    Ordinances    Continued   in   Force. 

Section  120.  All  lawful  City  ordinances,  resolutions  and  regulations  in 
force  at  the  time  this  Charter  takes  effect  and  not  inconsistent  with  the 
provisions  thereof  are  hereby  continued  in  force  until  the  same  shall  be  duly 
amended  or  repealed. 


30 

Conduct'  of    L.eg^al    Procecdlug-s. 

Section  121.  The  City  Attorney  shall  be  the  prosecuting'  attorney  in 
behalf  of  the  people  of  all  criminal  cases  arising  from  violations  of  the  pro- 
visions of  this  Charter  and  the  ordinances  of  the  City,  and  shall  attend  to 
all  suits  and  proceedings  in  which  the  City  may  be  legally  interested;  pro- 
vided, the  Council  shall  have  control  of  all  litigation  of  the  City,  and  may 
employ  other  attorneys  to  take  charge  of  any  litigation  or  to  assist  the  City 
Attorney  therein. 

Violation  of  Cliarter  and  Ordinances. 
Section  122.  The  violation  of  any  provision  of  this  Charter  or  of  any 
ordinance  of  the  City  shall  be  deemed  a  misdemeanor,  and  may  be  prosecuted 
by  the  authorities  of  the  City  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, or  may  be  redressed  by  civi^  action,  at  the  option  of  said  authori- 
ties. Any  person  sentenced  to  imprisonment  for  the  violation  of  a  provision 
of  this  Charter  or  of  any  ordinance  may  be  imprisoned  in  the  City  jail  or,  if 
the  Council  by  ordinance  shall  so  prescribe,  in  the  county  jail  of  the 
county  in  which  the  City  of  Modesto  is  situated,  in  which  case  the  ex- 
pense of  such  imprisonment  shall  be  a  charge  in  favor  of  such  county  against 
the  City  of  Modesto. 

Section  123.  The  word  "City"  wherever  it  occurs  in  this  Charter,  means 
the  City  of  Modesto,  and  every  Commissioner.  Commission,  Department, 
Board,  Officer,  Employee,  wherever  mentioned  in  this  Charter,  means  the 
Commissioner,  Commission,  Department,  Board,  Officer  or  Employee,  as  the 
case  may  be,  of  the  City  of  Modesto.  The  word  "Council"  when  used  in  this 
Charter  means  the  Council   ^f  the   City  of  Modesto. 

Section  124.  After  the  result  of  an  election  is  declared,  or  when  an  ap- 
pointment is  made,  the  City  Clerk  under  his  hand  and  official  seal  shall  issue 
a  certificate  therefor  and  serve  the  same  by  registered  mail  through  the 
United  States  Post  Office  in  the  City  of  Modesto,  addressed  to  the  person 
or  persons  elected  or  appointed. 

Section  125.  If  for  any  reason,  the  first  general  municipal  election  is  not 
held  on  the  day  herein  provided  for,  the  validity  of  this  Charter  and  of  such 
election  is  not  affected  thereby,  and  the  Board  of  Trustees  of  the  City  of 
Modesto  then  in  office  must  provide  for  the  holding  of  such  election  as  soon 
as   possible   thereafter. 

C  E  R  T  I  li'  I  C  A  T  E  . 
WHEREAS,  the  City  of  Modesto,  a  City  containing  a  population  of  more 
than  three  thousand  five  hundred  and  less  than  ten  thousand  inhabitants  on 
I  lie  eleventh  day  of  April,  1910,  at  a  general  election  held  under  and  in  accord- 
ance with  the  provisions  of  section  eight  of  Article  XI  of  the  constitution  of 
the  State  of  California,  did  elect  J.  W.  BELL,  J.  R.  BROUGHTON,  L.  L.  DEN- 
NETT. L.  E.  De  YOE.  THOMAS  DOWNEY,  Z.  E.  DRAKE,  JOHN  DUNN,  Sr., 
S.  P.  ELIAS,  C.  W.  EVANS.  E.  I.  FISHER,  N.  C.  HANSCOM,  GEORGE  PER- 
LEY.  AL  SCHMIDT.  B.  J.  SMITH  and  G.  A.  WILLIAMSON  a  Board  of  Free- 
holders  to  prepare  and  propose   a  Charter   for  said   City; 

BE  IT  KNOWN,  that  pursuant  to  the  provisions  of  the  constitution  and 
within  a  period  of  ninety  days  after  said  election,  said  Board  of  Freeholders 
has  prepared  and  does  propose  the  foregoing  as  and  for  the  Charter  of  the 
City  of  Modesto. 

I.V  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands  this  8th  da> 
of  July,   1910. 

S.    P.    ELIAS, 
President  of  the  Board  of  Freeholders. 
J.  W.  BELL, 
J.   R.  BROUGHTON. 
L.  L.  DENNETT. 
THOS.   DOWNEY. 
Z.     E.     DRAKE. 
L.    E.    DeYOE, 
C.   W.    EVANS, 
JOHN   DUNN,    Sr., 
E.    I.    FISHER, 
N.    C.    HANSCOM. 
GEO.   PERLEY, 
AL    SCHMIDT, 

B.  J.   SMITH, 

G.    A.    WILLIAMSON. 
ATTEST: 

L.  E.  De  YOE, 

Secretary   of   the   Board   of   Freeholders. 
Filed  this  8th  day  of  July,  1910,  at  11  A.  M. 

C.  A.  POST, 

President  of  the  Board  of  Trustees  of  th«» 
City    of    Modesto.    California. 


^' 


